e [Music] a [Music] welcome to the February 13 2024 6:30 p.m. city council meeting we do have a Corum so I'll call this meeting to order would you please join me in a moment of silence and the pledge to the flag IED to the flag of the United States of America and to the stands one nation God indivisible withy andice for all God Bless America clerk would you please read the rules of speak yes sir individuals wish wishing to speak on agenda items must complete a signup card prior to the item being introduced those wishing to speak on CLA our judicial public hearings must complete a signup card and sign the oath sign up and oath cards are available on the table individuals wishing to speak on non-agenda items May do so under petitions and requests from the public present this opportunity is offered twice in the meeting and individuals may speak at either the first or second petitions but not both no sign up card is required citizens shall not comment on any issue more than once during the meeting all comments except petitions and requests must address the pending issue and citizens will be given three minutes to speak on all items citizens wishing to speak on the consent agenda must submit a signup card identifying the items of interest each speaker shall be limited to 3 minutes to speak on the entire entire consent agenda all sign up cards and Exhibits being submitted to city council shall be placed in the box on the table thank you very much um can I get approval of the minutes or a motion to approve the minutes from the meetings of January 9th 2024 January 23rd 2024 5:30 and 6:30 and special meeting on January 11th 2024 so move got a motion second second all those in favor say yes yes opposed minutes are approved City Manager on to uh boards and commission you're on item 6A which is the Titusville environmental commission and this says uh the action to appoint one alternate member to the Titusville environmental commission with an unexpired term to expire on 30 November 2026 Miss Megan makoso is presently a regular member on the Planning and Zoning commission she desires to also serve as a Titusville environmental commission her application is provided to Council in the agenda if not appointed as an alternate member on the Tec member makoso will serve as if appointed as a member as an alternate member on the Tec Miss makoso will serve as a dual member of the pnz and tez in addition there are two applications on file Mr Robert Johnston and Joshua Ki all right Council anyone add St Council youone add on that member Nelson let me just say I did get a text from Megan uh her whole family is sick she offered to come in and share her germs uh I thought that it would be prudent if we declined yeah she texted me the same that she wouldn't be here um is the other um applicant here no NE no Joshua okay um I see none so anybody uh have a Direction they want to go before I tell you what I'm thinking vice mayor yes in in reading through them I I I um think is uh my thoughts is uh it'd be wonderful to have someone continue to have someone on the uh on both board with the uh uh L of cities and not the league of cities the pnz and T I know what you're pnz and uh uh but uh more importantly the educational background of the uh gentleman that is an environmental that will be a a a great asset to have on that board that but you got two different but that's my thoughts is that if uh the uh I would wanted to hear him speak before us tonight yeah and tell us about I was looking at his uh volunteer experience and he has some things that he's done but again to have someone with that environmental expertise uh to uh will uh will be an added plus to the uh uh Tec thank you member Nelson uh I agree with the vice mayor uh Megan has offered to sit in on the Tec meetings even though she's not appointed and sort of act as a goet um and I have to remind us we Chang the ordinance to say that we we give preference to people who had scci scientific type backgrounds and Mr coochi I hope I'm pronouncing that right yeah how you say that bill so I would like to see him on the Tec it is hard to um not notice Mr um qualifications um environmental engineer I don't know we ever gone that far with it but we've one other I had um a little communication with Megan as well and I think that she is very understanding and simply wants to help yeah that's who Megan's all about um m y um I was just going to Echo on uh Megan I feel like I appreciate her passion and hard work since she's joined pnz and I've Seen Her Go the extra mile with meetings attending a training um that I was at so I know that um she will put 100% into it I still do like the idea of having somebody serving on both boards because my only thing with Josh I I will say I really do like the environmental aspect because I feel like that will help the board um moving forward and as we always mentioned they're advisory boards and I always look to having diverse backgrounds on those boards to help me make better decisions up here um my concern would be that we won't have somebody that's serving on both boards and so we would foro that that position so um I'm okay either way I do feel like if we go with Josh and a position does open up on Tec again I would want Megan to be on there um because then we would have that dual position um so that's kind of my thoughts okay mayor we have cards yeah I have I'm GNA just see one more member Nelson Oh I thought you might want a motion no no no I want go uh call the cards please ble Thompson lle Thompson 3550 irn Avenue Mims Florida and I'm the chair of your environmental commission and I I fully support um the appointment of Josh um I we desperately need somebody with his kind of background on that board ever since Woody rice left the board we have we have lost that that ability to have somebody on the board that that knows environmental engineering it's a huge huge gap it's also a um an alternate position that has been vacant for about I would say at least least six months or more so we would be really really happy to have Josh on that board thank you thank you next card Stan Johnston you're up you receive your cards Stan Johnston uh uh I I believe I'm also a candidate for this am I correct your name is down there I'm a cand for for this so uh I want to bring your attention to something I brought up to you that the last meeting I'll read it to you again and I'm a professional engineer you know that and so forth and I've worked with the city was employed by the city so the question I that the Tec had a motion that went to council and then the council never got it and I'll read it to you again this is my it's a little bit rewarding of it it says is anyone in city council going to acknowledge the seage spill uh September through November 2022 coming out of manholes ponding in Greenwood Street and into nine city streets as witnessed by me and La Lee Thompson that's the person who just spoke uh the person who turned off the alarm and red flashing light the lift station photos videotapes videotape of sewage flowing out of manholes many witnesses and photographed on the front page of the floorida today I certainly hope that the Tec will get something through to you guys regardless of what uh uh your city manager wants and I would like to notify you that remind me please be reminded what I told you about what the City attorney said he said everything's going to be fine when we did the pnz it's not fine we do not have yet someone who is on pnz and teec that that that we were were pledged to do Mr uh broom messed up and you didn't listen to what I said you didn't listen to what Sarah Sarah stokel said she also brought that to your attention now we're in this predicament because you messed up Mr broom messed up I brought to your attention Dr stokel did also it's your fault it we shouldn't be in this situation we should also have that question answered that came from Tec about why in the world do you deny a sewage spill that so many people witnessed including me Laur Le Thompson and a whole bunch of other people even people on Carol Avenue where your son Travis lives is anyone listening thank you thank you thank you very much it's your problem and you need to deal with it I would like you to tell the truth thank you bye not for rebut but Kevin can you uh confirm that that was looked into and investigated it's not like we just said never mind yeah Phil dos looked into it during the hurricane and reported it back to D also Mr Johnson turned it into D after the hurricane I believe twice they both both been investigated turned back into DP with no findings so we met with d with regard to that same hurricane on a different spill reporting and there's there's not been raised a second issue on it all right thank you other cards yes sir all right with that member Nelson can I make yeah go ahead member Nelson can I make a motion to appoint Joshua Kochi as an alternate member to the ti environmental commission with an unexpired term to expire on November 30th 2026 second have a motion member Nelson and second member Cole roll call vote member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson yes member stokel yes uh accepted unanimously thank you very much City Manager on to item 6B which is the Titusville environmental Commission semien report which is ju July through December 2023 and the chairman Miss Laur Lee Thompson is here to present hi I'm lur Lee Thompson 3550 Irwin Avenue Mims Florida and I the chair of your environmental commission um so you have it in your packet um it's it's pretty dry but actually there was a lot of discussion there always is at the Tec meetings there's always a lot of discussion about the things that um come to us you know from from staff or things that we dream up on our own regarding the environment here in um in Titusville so we spent a lot of time on the tree techn teal manual and we're still spending time on it and I really appreciate I want to thank you guys for your last meeting for postponing approval of of the tree list Titusville is such a special area when you go down to the south end of the county the the growth is out of control they're they're tearing down everything they can and building and up here you know we are we're surrounded by conservation land we have the merid island wall life refuge in the Space Center on the East and hundreds of Acres there's 100 square miles of of designated Wilderness between Highway 50 and Highway 46 on the west side of town we are special and and so your environmental commission is very special this tree list is very very special because when the developments come they they take down and I understand you know the whole grading and then and all of the the scale of all the drainage and all that I understand that they have to take out some trees to do that but when they take out native trees they should be replaced by native trees and that's why this list is so important because um you know if we don't we have S we have really unique animals here and birds especially species and they're here because we still have habitat Titusville still has pockets of habitat that remain in inside the city limits and so this the tree list is it's designed you know or it is designed to replace the trees that are being taken out with comparable native or Florida friendly species that attract birds bees and Wildlife so that we can try to replicate some of the habitat that we're losing so that we won't lose these very special species that we have here we we um we spent a lot of time on the urban foresty program um thanks again to you guys you adopted the tec's plan which includes tree education tree plantings and um new staff which are not budgeted but we're going to get around that somehow because we have a lot there are a lot of people in Titusville that really want to help they want to volunteer um Joe Lynn was telling me today that um the uh Rotary Club is funding 50 additional trees to be planted at Sandpoint Park and that's all going to be done by volunteers not going to cost the city a dime um additional topics that we discussed um the bmps and the reductions of total nitrogen and total phosphorus on the 2022 update um we have discussed numerous times the hurricane Ian bacon Baker subdivision sew bill I did see sewage coming out of a manhole I saw it Stan keeps saying that I saw it um but you know it that's water under the bridge um it would be nice if the city actually admitted that the source Bill did happen um wouldn't hurt you would wouldn't cost you anything just say it happen um City performance measures the tree mitigation fund that's another big one you know because the developers that are taking out these trees are paying money into a tree mitigation fund and we would like to see that fund to be used to to plant trees to replace the ones that are coming out and another big one thank you very much um the our our Tec meetings are going to be televised um alternating with the board of adjustments and appeals our last meeting was televised um and I think that I think that the council did a pretty good job um the next one tomorrow night will not be televised but the one following is scheduled to be televised and that's when the consultant is coming back from kimley horn to talk about the the tree list for the technical manual so that'll be an interesting one so unless you have any questions I'm done um thank you for your time and thank you for your support wait you can I just say this I actually watched the discussion on the trees with a consultant it was very enlightening I really very long I think it was an hour and a half two hours but it was it was really interesting so thank you thank you thank you very much Laur Lee next card card on that do we do vote okay no action required my bad City maner uh on to item 6 C which is Board of adjustment appeals the board of adjustment appeals semiannual report is provided for Council and the agenda packet as written no action is required thank you very much petitions or requests from the public Tony shiff 715 Tropic Street at least it isn't kimle horn buried deep in the consent agenda at the November 28th council meeting was the proposal to accept a limited but scientifically statistical survey of citizens to measure the effectiveness of our local government nowhere in the detailed agenda packet was it stated that this survey would replace the annual budget Workshop attended by interested and the vested public the only clue is a b a vague paragraph stating the City previously engaged this survey company in 2005 and again in 2007 enabling a more comprehensive understanding of the community surpassing what can be achieved through a weekend Workshop or standard board meetings I speak for many citizens who are dismayed and disappointed that we will not have the opportunity to meet with the city and staff in a consultant moderated Workshop to express our opinions of how local government is operating whether effectively or not as ineffective as those workshops were being that what came out was what was put in in the first place given year after year I know I attended at least the citizen participated the citizen participants that's hard to say sorry appreciated we appreciated the opportunity actually to voice our concerns even while we were frustrated by the repetitious goals and objectives brought forth year after year so I'm sorry to miss that opportunity to have that Workshop that that we had annually in February um I don't know how I missed that it wasn't going to happen I had to dig back into the minutes to find out sorry member St y I just wanted to address that so just so you're aware once we get the survey results back we will still have a session where we will have a facilitator go through those results where the public can participate and be a part and voice their opinions so we'll just we're increasing how much feedback we will actually have and we will still have that discussion so just know that that is coming are you referring may I ask are you referring to the um those three meeting dates that are in uh the city manager's report at the end of the agenda packet and I think it will be once we get the survey results back we will still have a facilitator come and go over those results with us so we will still have a space and time for that next up Stan Johnston uh uh Mr Diesel thank you for bringing a report from uh uh uh P professional engineer over here Mr Mr cook I want you to notice that one one thing Mr cook did not mention is that uh he didn't say uh he never said that we didn't have a sewage spill he reported what they had reported I want you to understand as I have told Mr cook is that if he said there was not a sewage spill is that I would report him to the board and I'll report any PE that puts it in writing or or public statement that is reported to the board because the the board has has told me said they're not going to that that's the only way they'll let me make it a a complaint against your Professional Engineers so I want you to perfect to understand is that there's a dirty trick that our council is playing and our city manager the dirty trick is this is we have Professional Engineers we have numerous Professional Engineers and we have a registered surveyor when not put these these these problems toward you is that you will not have them respond your pees Mr cook and your other Professional Engineers will not respond so although you've hired them you will not let them respond because the the truth is is that sew spill happened the truth is that SNJ Oaks has a fake survey that's that's for your survey so what you're doing is you're playing a dirty game it's bad it's really bad so so in other words the city of tville has Professional Engineers and a survey that they will not use to answer questions because if they're lying or if they they're wrong they'll be reported so when you make a report it's signed by somebody like Mr Diesel or city manager or somebody else so it's a dirty trick that not only you but other agencies use they hire pees because they're required to but they do not use them because why because the Pees can't do it because they'll lose their license so what you're playing is you're playing a dirty game you doing a disservice to the public and by the way that that sewage spill continued because we had another hurricane come up following that like hurricane Nicole and the the sewage spelled out not only that is we have we had a a puddle of sewage over top of a water main leak that was witnessed by Mrs Dr Joyce smck and she can witness to that too that sewage leak was there right at her on Sher intersection Sherry and beatric so that was repaired so so was the sunken manhole on Greenwood repaired we got all these witnesses that were worked on these projects in other words we're talking about witnesses that were city employees City employee witnesses to this fact thanks Dan no you're not welcome thank you okay uh anybody else next uh petitions request I you name and address for the record please yes sir uh my name excuse me uh my name is Michael Taylor um I live in Port St Lucy Florida um some people might not agree with what I'm about to talk about but just taking regards your First Amendment right you if we all appreciate the First Amendment you should appreciate the Second Amendment I came to clear or U I'm sorry not clear water but Titusville in June of uh about four years ago I met Lieutenant um uh Chief La Lieutenant little Sergeant Anderson um I've got Chief La Lieutenant little and Sergeant Anderson that violated state law under 79033 of the Florida statute that's our preemption law it's a $5,000 fine to tell me that I cannot carry my firearm in a public park if I'm open Le carrying while fishing hunting and camping and that was exactly what is told to me on video by the chief I I then in turn gave him an intent to Sue from that intent to Sue I was going to sue them and when I received something back from the Parks and Recreation the Parks and Recreation manager is Bob Davis or was Bob Davis I'm not sure if he still is but anyway I had a recorded conversation with him I posted that video and then Lieutenant little was watching my YouTube channel and then put out a warrant a felony warrant on me for recording a public official in the course of their Duty whatever whatever I get arrested in less than a month I don't even go to an arraignment and they dismiss my charges of this felony wiretapping and for most people if you don't know if you get arrested for a felony in the state of Florida your DNA your DNA goes to the FBI forever that is exactly what happened to me because I I have a chief that didn't respect my rights I have Lieutenant little that didn't respect my rights and they put a felony on me those all get dismissed and then I come back to Titusville and I think there's a park right down yonder way here just before uh Max Brewer Park and then I get to meet Sergeant Anderson again and he comes to me and they want they want my ID they want this they want this and the third I have a Second Amendment right here in the State of Florida to carry my guns openly while fishing hunting and camping not one of those officers respected my right and when I tried to hold them accountable they they put me under a FBI DNA registry I don't agree with it and I wish John La was here today but thank you and um thank you hopefully you don't uh disrespect the homeless thank you thank you very much thank you everybody good one gots next up city manager okay on to consent agenda items a through H city council do you have any questions of staff for consent agenda items a through H city council would you like to pull any items for further discussion for consent a through h no I see none sir uh city clerk are there any cards for consent and mayor I'd like to read the titles for the record thank you consent agenda item 8A approve the award of professional or proposal of the project joinerville and Beyond memorializing and celebrating Titusville AF African-American history consent agenda item 8 B approve the city's critical classification hiring monetary bonus program consent agenda item 8C approve the Boating infrastructure grant program consent agenda item 8D appropriate and approve the forfeiture funds for vehicle maintenance crime prevention and Patrol Shields consent agenda item AE authorize the flag and Memorial committee to use funds consent agenda item 8 F approve Amendment one work order number 18 to the Armstrong pH adjustment project consent agenda item 8G approve Amendment one to the F de Grant agreement uh Mike November 039 for the city of Titusville storm water Improvement projects consent agenda item 8h approve the purchase of vehicles for public works thank you very much Council anything you want to add questions call the cards please Tony shiff for item a Tony Shuff the historic Norwood house I want to thank you in advance for accepting and executing the grant to research recover and acknowledge this historic Center of Titusville African-American Heritage joinerville and Beyond especially before the area gets flooded in the tsunami of development as kimley horn and the state legislature get control of enill in this area west of the tracks now we hope these Consultants live up to their proposal to Aid us as we achieve another wonderful project by your historic preservation board I want to thank you in advance for your support of historic efforts to save Titusville story on on behalf of citizens of Titusville and owners of historic properties thank you Tony thank you for commenting on that one I was going to as well but i' see if some anybody else wanted to I'd like to learn more about that um that's the best I can say about it I just want to learn more about that I'm very honored that I'm I was so pleased to see that thank you next card Stan Johnston for items a b and f a d and f okay U item 8 a that was what oh Stan Johnson you know okay same one same guy 8A a on 8A is uh Tony gave a nice description of this and and I want I'm approving of that also it's a nice thing that we're doing there very important um but uh on item 8 B 8f and 8G uh 8B I'm I'm concerned because I don't know that we should be doing this so staff recommends approval City's polic providing for a hiring bonus I'm not sure this is right because uh I'm having trouble with um Human Resources uh Joe's right here right now I've sent Joe a number of uh complaints that I have had on employees and they're not being there's nothing being happening these are serious complaints nothing's happening so how in the world can we have human resources doing all this other stuff and they're not doing what they're supposed to be doing as far as I don't see that Mr uh Mr is doing what he's supposed to be doing as far as complaints I've got serious complaints Big Time nothing's happening so it just sounds similar similar to what's happening with the sewage sewage spells we have sewage spells do right away and so forth like that and fact is is that uh item uh uh HG has to do with storm water you know what the sewage is going into our storm water we're supposed to report when it goes into fdot we're not doing it I'm sending information to FD and say Hey you know the sewage is going going into our our storm water and you can go ahead and deny it but if the if I can get fdot here they can confirm these sewage bills that's what maybe I'll do maybe maybe if they they probably won't come after the fact but we've got all kinds of witnesses and fact is we got witnesses uh as to the sewage spill after December the 9th that you guys denied millions of gallons going in there into into into the into the river and into our storm sewage so if you can't if you you can't be honest about these simple matters of sewage going into our storm water why in the world are we we having these all these money spent on storm water and you're not even obeying the laws on storm water you're not doing it I've got witnesses I got police officers that saw it too police we've got numerous city employees that saw the sewage including Jim Thomas and and you know what I did I even called up your your City attorney I said hey why don't you come with me Chris and I'll show you I'll show you the sewage is going into the river oh I don't have time same thing with you guys I notified you guys I put red notices on on on uh on your church and 12 other churches including your church and your church thank you no thank you any uh no you're doing a good job Dan you are doing a good job though I'll do my best um any other yes okay U uh member Nelson move to approve consent agenda items a through H got a motion second I got a motion for member Nelson a second for member Cole roll call vote member Nelson yes mayor diesel yes vice mayor Robinson yes member stokel yes member Cole yes consent agenda pass it unanimously city manager to item 9A which is ordinance number 50 2023 Wireless and public rights of way the City attorney will read the ordinance for the record ordinance number 50 2023 an ordinance of the city of tville Florida amending the code of ordinances to implement the advanced Wireless infrastructure deployment act adopting regulations related to placement maintenance and replacement of wireless and other Communications facilities in the public rights of way providing registration and permitting procedures insurance and bonding requirements objective design standards waivers safety and enforcement Provisions by meeting chapter 17 streets sidewalks and certain other public places section 1783 registration and by creating Article 5 wireless communication facilities RightWay regulations providing for separability repeal of conflicting ordinances or Corporation into the code and an effective date on 14 November 2023 this item was tabled to the regular city council meeting on 12 December 2023 on 12 December 2023 this table this item was tabled again to the regular meeting on 9 January 2024 and again to the regular city council meeting on February 13 2024 with new advertising uh Mr Glendo is here to answer any questions you may have on this your public hearing on ordinance number 50 2023 uh vice mayor yes yes you know I know we've sent it back a couple of times Brad and had it on you got all of the partners and all of the people that will be influence everybody is now in agreeance with how you want to how we want to move forward on that I know the telephone company or something was in this was a complicated ordinance uh it took several years notations go through in fact I think we've on version 30 and we had several conversations with interested parties um telecommunication companies uh we believe we've satisfied all of their questions and concerns s consistent with the original law that was adopted in 2017 and then it was amended again in 2019 uh which complicated this even further uh since then uh we've only received one additional comment and that was from uh another utility uh I think it was yesterday Spectrum uh we reviewed what they uh questioned and we believe that the ordinances is ready for approval thank you anybody else uh call the cards please one card Stan Johnston uh Stan Johnston I registered professional engineer and also I've been a registered surveyor for uh over 26 years I'm not registered I'm I'm an inactive servey at this time but what I do is I put in Iron rods as a surveyor they're 18 in Long I put them in frequently at 3 in below the ground the ground surface that's 21 in now I've brought this up to to you guys before about this about statutes that have to do with the depth and cover and this is what I'm concerned about is if you don't have at least 21 in uh in your in your code and in this is is that is that we're going to have surveyor penetrating your your uh uh Wireless uh connections your those wires that are glass I can't remember what they're called right now fiber fiber optics right right now boy that that is bad when you penetrate a fiber optic it's it's it's a sad time and I've been there when it's been when it's happened thousands of dollars well more like sometimes over $20,000 so um uh I'm asking uh you to take to take notice of it if nobody else has taking notice of it is have respect for some surveyor and what they do because we'll just drive our we'll just drive our uh rods right down through there and who's going to be responsible I think you're going I want you guys to be responsible okay so U so on this on this particular thing I want you to be responsible and and re and take care of what I just shared with you because if you don't and it happens I want you guys to be sued not the surveyors thank you good input to that last part but anyway good input um any other no sir um member stoko yep um I just had a one question I appreciate that we took the time on this and tabled it I know it was a little frustrating but I'd rather get it right um I did want to know with spectrum's comment um cuz I didn't receive that email they didn't send out anything to me personally that they had issues with it um if you could just give a brief summary of what they were concerned about has to do with definitions basically um a lot of the definitions you'll see in this ordinance are carried over from the statutes and we've adopted them here um they had questions as to whether we appropriately um put in a definition get related to the wireless facility itself and there sub definitions related to it we looked at that we didn't think there's really an issue here the statute is going to preempt anything conflict anyway so as if we get a request ask for one of these and as it turns out that there is a conflict that statute is going to override okay thank you for clarifying I'm good all right I see nothing else we get a motion member Nelson uh move to approve ordinance number 50 2023 Wireless in public right away uh I have a motion I need a second second got a second for member stokel roll call vote mayor diesel yes vice mayor Robinson yes member stokel yes member Cole yes member Nelson yes pass it unanimously City Manager on to item 9B which is uh ordinance number 5 2024 Civic conditional use permits the City attorney will read for the record ordinance number 5 2024 an ordinance of the city of tville Florida amending the code of ordinances by reclassifying Recreation and Commercial Amusement indoor from a conditional use to a limited use in the community commercial CC Regional commercial RC Regional mixed use rmu 300 and Urban Village UV zoning districts by amending sections 2854 use table 28-75 Recreation and Commercial Amusement indoor and 371 definitions providing for separability repeal of conflicting ordinances incorporation of the code and effective date on May 10th 2022 the city council directed staff to evaluate existing conditional uses within the code and provide recommendations on those which are overly restrictive outdated or which should be reclassified as limited or permitted uses staff recommends certain changes to the current code in order to enhance the usability of the code while protecting property rights on January 16 2024 the Planning and Zoning commission unanimously recommended approval of the Civic conditional use permits ordinance as presented a correction to the hours of operations was made to section 28 275 c1b and the recommended language approved by Planning and Zoning commissions uh be attached um to your agenda and it is and Christie is here to answer any questions that you may have on this ordinance number 5224 um vice mayor yes I I'm I kind of like this because it gives us a an opportunity to repurpose some buildings and some uh industrial building at one time and go and do things and it keeps you know that uh all of these idle places from sitting there and uh because it's a a conditional use uh that doesn't permanently change anything if I'm not correct that's correct it's um uh making it a little bit easier to um have these types of uses as to where requiring you to go through a conditional use permit we we can Implement um limitations as long as you're abiding by those limitations and a conditional use permit would not be required so it would um uh make it easier to have those types of uses um and I believe that this is the um the last and final uh section that we're updating um I think you previously approved the commercial and Industrial uses and then this is pertaining to the to the Civic uses so this is the the final update that staff has done to um kind of clarify and make things a little bit easier for those types of uses thank you m stle yep um and to Vice mayor's Point um I this was kind of started I think before you got on Council we were having citizens come before us for conditional use permits and they I think at council's Direction at that time we were like does this really need to come before us and so staff's been going through this gradually as a process and so for this one some of those conditional use permits uh areas are now being switched over to limited use so they won't necessarily come so it's making it easier for applicants um to be able to do what they need to do which I think was I'm happy about it I appreciate you guys taking the time to do it um and you guys put in there limitations that we would probably put in there anyway if it came before us for a conditional use permit um so I'm in favor of it and I appreciate the work that you guys did on it yeah I recall that we were trying to Simply make it easier on applicants um expedite the process a little quicker and simply you know get rid of some of the confusion and have it keep coming to council I agree member Nelson so it says the recommended language approved by Planning and Zoning is attached and I didn't see an attachment so on page 300 of your packet um there was a sheet provided um showing the language that was uh approved by the Planning and Zoning have we put that in has that been included um no so there was a correction after uh the Planning and Zoning meeting um it was to the hours of operations just to make it a little bit clearer and more defined um was was the reason for that change okay thank you anything else from Council staff anything you want to add no sir okay call the cards one card Stan Johnston Stan you solo I pass thank you sir um member Nelson to approve ordinance number24 second motion from Member Nelson second from Member Cole roll call vote vice mayor Robinson yes member stokel yes member Cole yes member Nelson yes mayor diesel yes passes unanimously City man mayor staff would like a clarification on the motion whether it was to include the plan and zonings okay Brad ask did did your motion include the pz's recommendation that's described here on page 300 yeah I have a question about that actually so that language was suggested by legal just to clarify clarify it was not yeah so the language on page 300 was generally from pnz but there was a clarification from from from staff and from legal and so the version you see on page 300 is the version that we're proposing from pnz so did your motion include that can I ask about that sorry that's a duplicate of page 297 correct except for the hours so it's the 297 the original and 300 is the pnz one with our correction and it's just the hours the highlighted corre not a lot of difference which one need to make clear 297 so 29 go ahead Chris Page 297 that is the proposed language for this evening so page 300 what was is what was presented to pnz um after the pnz meeting staff realize that the the hours of operation need to be clarified a little bit better so that's what is presented this evening so 297 is the correct one right because I thought 300 was a little confusing with those hours as well okay yes stage 00 is very similar yes that was just to give you just to give you an exam uh uh what would P andz saw gotcha okay so I would say your light make sure your lights on oh hit your your button I'm sorry the ordinance as presented tonight by staff yep put those recommendations okay I think we all agree same manager on to 9C which is the comprehensive plan Amendment M number 1- 12024 transmittal of the draft comprehensive plan Amendment to the amend the future land use transportation and housing elements and adopt a Citywide goals goals and objectives and policies on April 27th 2022 the council directed that staff staff proposed a strategy were certain portions of the draft 202 2040 Titusville tomorrow comprehensive plan may be incorporated into an adopted the comprehensive plan staff recommended adopting four separate amendments which include Mobility Transportation housing historic preservation and land use and environmental on 8 August 2023 Council directed the staff to obtain public input on the draft comprehensive plan amendments and and the proposed changes to the Land Development regulations three public meetings were held on September 18th September 28th and October 5th more than a 100 members of the public participated on October 24th 2023 staff presented to council a summary of the public input on November 28th 2023 the council directed staff to schedule the comprehensive plan uh Amendment transmittal hearings and that's what we're doing right now Mr parish is here to answer any questions that you may have and as a reminder this is transmitting to the state the state will return with comments or not and then you'll have two public hearings after that Mr I do have one clarification this does not incl include the full package if you remember there were three major themes downtown uh gateways commercial quarters and the area immediate neighborhood immediately west of downtown that portion is not included in your Amendment uh so you have here tonight the two of the three themes downtown and the Gateway quarters and any policies related to those that includes amendments to the Future luse element Transportation element and housing element the reason why we didn't include the third theme for the neighborhood immediately to the West which has been known as canaval Heights or Titus West is because it included a map amendment that complicated things and we'll process that se as a separate Amendment and bring that before you we believe we're going to have need to have a couple maybe another community meeting just about that particular portion of this amendment as well um if you agree to transmit the Amendments that are before you tonight as the city manager said they'll go to the state we'll get them back again with any comments or objections we have to address them and then you'll have another shot at this again to adopt them in the meantime the the staff will continue working on any changes to the land regulations and so when this all comes back to you it'll come back to you as one package so you see everything together um if just to remind you the the main Crux of this is about creating incentives for redevelopment along our commercial quarters in our downtown and the downtown it has that new policy related to how we'll calculate density I'll try I won't go over it again I'll try and answer any questions you have about it the down the Gateway quarters does not include that that new calculation but it does include an increase of density up to about 40 units per acre provided all the incentives are adhere to which would then be spelled out in more detail in the code and planing zoning commission did hear this on February 7th in recommended approval 51 a member did not support the motion of his concerns with an apparent conflict of interest with Kimberly horn as both the city's consultant as the applicant for the small scale Amendment and the land use Amendment and their comments that uh were produced during that meeting are in your packet as well um as far as Kim Horn's involvement in this that project is complete this is in our hands now uh we can certainly uh use them again if we need to or use someone else to help us with any future projects related to this um with that I'll answer any questions you have about this amendment member Nelson so just Mak making sure I got it right the building Heights um pnz recommended that we Define them and our our thoughts are those will be defined in the code right um yeah I made the point that it's probably a better idea to keep regulations in the code and more policy language in the comprehensive plan so when you start stating things like this is the maximum height where you can build on on site X and put it in the comp plan it's usually not a good idea to put it there because if there's any need to deviate from a particular regulation you can't do it because it has to be consistent with that call plan okay uh so they put the consultant suggested up to five stories with the density and all the other incentives and this is related to Gateway quarters okay and then any specifics as far as how that is defined um and stipulated as far as maximum feat would be put in the code how does Staff feel about changing um changing it to encourage Florida friendly plants you're referring to the uh policy 1.5.8 of the future land use element that's the new policy that these Consultants suggesting um let's see and I apologize I left my um paperwork at home the policy you're referring to is on page 314 of your packet it's line 35 and 36 at the very bottom I believe that's the policy you're referring to and that's what pnz asked to be amended so they their uh suggestion was to change that policy that new policy being drafted here encourage Florida friendly and Florida native landscape design to stay to change to current encourage Florida friendly plants to require a majority of the plants to be Florida native that was pz's recommendation are you suggesting something different no I think that that again is something that should be in a code and not necessary in the plan this would be implemented with code okay yeah yep agree I like it as long as it's implemented um anything else Council uh vice mayor yes this is a kind of relationship with the uh conflict of interest uh U Brad as as you have been here in Titus we are working uh doing what you're doing for a number of years that I'm aware of uh and uh as you have seen uh the vision of uh of Titusville grow how do how does that happen in your mind how does the vision of Titusville when you put together a comprehensive plan when uh uh you are begin to work your magic if you will to Envision uh the city in the future from your from an educational Prospect uh how do how do you come about that idea this project started several years ago because we saw um that the city is is growing growing fast and that growth is still continuing at a at a higher rate every year um and we're running out of land and what's available as marginal lands and it's very difficult to build on areas that are already built or to redevelop those areas with the current regulations and comprehensive plan policies we have in place so when we looked at that several years ago we came to the council at the time and asked for permission to reevaluate that when we came back we said we need to really uh restructure the comprehensive plan policies and code to allow some Flex a lot more flexibility as far as Redevelopment along a commercial quarters in our downtown and other areas and that would help alleviate the pressure on some of these marginal lands as far as growth to allow more density in more appropriate areas in the city that gener currently don't have that density that's where we saw and that's what we came to the council at the time and that's what we've been emphasizing ever since yeah and when you go out to get a a firm if you will uh to help you do that normally there is not any uh person bidding on to do something with that you just trying to get your the city's ducts in a row per se so that we can you can be ready for future PL if someone comes back sure we drafted a scope and brought that before council with how we wanted to see this done so the consultant was hired to help us create that or help meet that scope um that was dra and improved at that time including W with that thought you have no control over who if a if I uh developer want to come in and uh do this you have no control over who me developer har do you okay so I don't have we don't have any control of who uh a private citizen will hire to do work for them if that's what you're asking that's what it matter no sir okay thank you any other comments I just want to say that you know I have uh studied urban planning and City Planning when I was in college a million years ago and I thought the comprehensive plan was well done and you know everything it has to be a living breathing document and uh you know I look forward to seeing what the state kind of comments the state comes back with on this but I think you guys have done a a yman job on putting it together and I probably should point out that unless I'm wrong on this we're just simply um moving this to the state for review anybody else all right C cards lur Le Thompson lle Thompson 3550 Irwin Avenue and I am the chair of your environmental commission so I first of all I want to explain the difference between Florida friendly and native plants so there's this designation called Florida friendly and these are plants that will survive in our our Zone but they're not necessarily friendly for Native species birds bees and butterflies a lot of them are just they're just plants basically that will survive here and that's why they're called Florida friendly native plants is what is being torn out when these developments happen and it's native plants that support the incredible diversity of bird species that we are so fortunate to have here in our community so I this is the perfect place this you know you want to put the policy in place in the comp plan and then you you know you change your ldrs and your ordinances then to match the the vision that's in your comp plan so I think that the Planning and Zoning um board was right on when they when they in want to change that language take out the words encourage Florida friendly plan plants and change it to require a majority of the plants to be Florida native and I I wasn't here at the last meeting because I was down at the bird festival party which was really good but I I wish I'd had been here but I was really really proud in the discussion that took place after you pulled the tree list off the agenda because you you still had a lot of speakers and you had a lot of discussion among yourselves about your vision uh and and you even talked about a goal of 60 to 70% native plants in the in the landscape you know the tree list for the uh landscape manual technical manual this is the place to start laying the groundwork for that this is exactly this is exactly what you need put that language in the comp plan and then then we can go back and and design the ordinances then to to make that Vision a reality thank you good words thank you next card Tony shff ton sh the historic Norwood house I've been following this um comp plan for quite some time through many permutations and um I didn't bother to print out the one that's in your agenda p it but I have a couple of observations about it uh to begin with I'd just like to say um I'm opposed just in general to most of it because I think it's um having the fox writing the rules for the hen house amen and I would like to say also that the incentives that are written into this are for The Foxes to not eat all the henss at one time and and the policies favor the developers who were represented Often by the same people who helped develop and wrote a lot of this so um I'm not opposed to a density pool in the downtown area I think that's good to have apartments above shops it's very new yorkish isn't it um the Gateway corridors I would like to see the tree medication fund used to replant trees rather than to beautify the gateways but I like kind of the projects of driving into a city or town and seeing neat signs so I just want to say especially before the West Titusville thing comes up Mr Parish that um I'm Leary of of this is the Titusville dream book and and it should be you know what the citizens want to see and like I said earlier about a lot of the budget meetings what came out was what went in that's kind of through all these things the only changes I noticed specifically before my time Runs Out was the weakening of language where some shs the city shall to should it was weakened um it in strategy 1.10.3 point1 on page um 329 of your packet also again in 1.10.33 sh was should and then at one place it was from Will was changed to May my mom is named Gracie May ma AE and she says when she says she's introduced she says well Gracie May and Gracie may not so you know the city May the city May may not gra you may I had a question for ton go ahead before um Tony I am curious about your opinions and thoughts on this um one we will when it comes back from the state that's when we will have two readings before so as I'm prepping for that I would like to know your what issues you do have with it so is it is it the shs that you would want us to look at be I do plan to still continue to look at this even it was it was highlighted in the um packet on your um on on on page 329 on the agenda packet section 110 you would prefer should to be well I just think it was I think it weakens it to to change it from from sh sha is thou sh Thou shalt not covet Thy Neighbor right not you shouldn't you shouldn't be jealous okay so that's one um I mean just for instance I have I have lists of things that I have sent to Mr Parish over time about um some of the but most the ones that you I would be curious about the ones that you feel like are not really protecting the citizens and don't have the I would I would like to see those if you would send them to me I can get that to you I realize that this has to be transmitted and that we have a chance when it comes back to work on it I do hope the public will be invited to participate in that you know you know I'm interested so um yeah thank you thank you Tony good good input thank you member stokum next card Holly kth I'm gonna pass on this but I didn't want to yell it from my seat so I'm passing oh okay it's one of the most that was one of the most impressive passes I've ever seen thank you next card last card is Stan Johnston Stan you passing too Stan Johnston and uh I'm not passing um Mr Perry said uh quoting him today alleviate pressure and allow more density allow what I'm sorry um alleviate pressure and allow more density we're going to allow more density and alleviate pressure you got to be kidding uh when I go over to Orlando I think who planned this this traffic is horrible there that's what planners did agree allow more density and I think about that when I come to the intersection of State Road 50 and and South Street how many times do I wait sometimes two three times it's stop stop light changes I'm sure many of you g had have gone there in fact is today I had to go through two stop lights two two stop by changes to get through and that was just going 405 straight 405 that was about uh uh 12:30 today so that's not supposed to be really high traffic time that was twice so um uh mobility and transportation this this uh this comp plan is and U Mr Cole mentioned about the comp plan very pleased with the comp plan well the comp plan's not being followed if you'll notice that uh have have made a complaint against Brad parish and Mark uh Mark well M and Eddie Glendo regarding the uh uh resilient Titusville report and because the city is not following the comp plan for the uh storm water management plan in fact this I even bought and gave you gave them a copy because they're not using it they're not doing it when Mr Mr stalford had was in charge of it he never even heard of it when I talked to him in 2012 never even heard about the storm on S plan and he's he's he was a head man of comprehensive plan for storm water management for for the city of tville never even saw the document you saw how thick that thing was so we're not following it we're not following the comp plan uh so uh I think more density and height is something that I'm against and of course if I we run uh as some people have run for C they say no we're not going to go go for more density and so forth like that so I don't think this is the dream book which what we're having is more like a nightmare sis Road should be very much considered because it's a County Road all these County Roads that the city's not giv right away additional RightWay when they uh the review the projects not good 40 units per acre is out of the question for re question in sometimes tourist areas like hotels and so forth but okay I'm against it thank you thank you any other cards yes sir M Nelson did you want to got I'd like to move the comprehensive plan Amendment 120-24 transmittal of the draft apprehensive plan amendment to amend the future land use transportation and housing elements and adopt a city-wide goal with objectives and policies yes I would second that but I do want to follow the pz's language in one point hope that says 5.8 regarding Florida native I would accept that as a friendly Amendment then does that motion include all three recommendations of py or just the one on that particular policy 1.5.8 was one for they changed as I understand it they changed the time or no there was only that one I think she's requesting one was to we we talked about it we said it would be better in a code height right and so that would include the change to encourage um Florida native plants okay the majority of the plants to be Florida native I stand corrected yes their recommendation really only affects uh one particular policy of the comp plan Amendment that's before you so okay okay go with that I accepted it yeah okay and just on a technical thing I believe the motion was read 1-20 d24 That's obviously 1-22 24 no big deal just want to make sure we don't have what did I say Jes I'm 77 years old che check the replay all right I have a motion and I have a second uh member Cole this time I believe was a motion member Nelson was a second they flipped us all right with that roll call vote member stokel yes member Cole yes member Nelson yes mayor diesel yes vice mayor Robinson yes passes unanimously City Manager on to item 10A which is small scale comprehensive plan Amendment SSA number 2- 2023 the registry at Sand Point U the City attorney will read ordinances number 1 d224 2 d224 32024 for the record these three ordinances just for everyone's awareness the first one will be the an ation second is a luse change and the third ordinance I read will be for resoning ordinance number 20124 an ordinance of the city of tville Florida amending section 7 chapter 63 2001 laws of Florida special acts of 1963 by annexing certain property located east of vol Dixie Highway having partial ID number 21 3529 00778 to be included within the city limits providing for severability providing for repeal of conflict ordinances and providing for an effective date ordinance number 2 2024 an ordinance of the city of tville Florida amending the code of ordinances by amending ordinance number 60 1988 which adopted the comprehensive plan of the city of tville by amending the future land use map by changing the land use designation on approximately 29.88 plusus Acres of property located west of US Highway 1 and east of Old Dixie Highway having Bard County partial IDs 21 35 28 800520 21 35285 22.1 2135 2800 535 21 3528 52 0.1 2135 28539 2135 29793 21 3529 00778 and 21 3528 0051 7 from res for vard County public semi-public and Commercial low intensity future luse designations to the high density residential city of Titusville future Lage designation providing for salability providing for repeal of conflicting ordinances and providing for an effective date ordinance number 3 2024 an ordinance of the city of tville Florida amending ordinance number 5 1993 of the city of Titusville by amending the zoning map made a part of that ordinance by reference by by changing agricultural residential Au Bard County General use gu city of tville and Hospital medical hm city of Titusville zoning districts to the plan development PD zoning District on approximately 29.86 plus minus Acres of property located west of US Highway 1 and east of Old Dixie Highway having Bard County partial ID numers 21 35 28520 21 3528 0052 2.1 135 28535 2135 2800 52.1 2135 28539 2135 29793 2135 29 00778 and 2135 28517 providing for severability providing for repeal of conflicting ordinances and providing for an effective date at the February 24th 20 or February 7th 2024 planning zoning commission this item was tabled at the applicants request to their next meeting which is 21 February 2024 that motion was 60 again to reiterate the first two items are an annexation and land use change which are legislative and rezoning which is quasi judicial staff is here for presentation and answer any questions that you may have I'll clarify this to to get it out there uh for those that aren't looking at the the uh agenda this is a first reading there's no motion and no vote on this issue tonight members toal yeah I just had a procedural question because these would be three separate votes um at the second hearing um what were to happen if Council was in agreement for an annexation but then not in agreement or majority doesn't get it for a land use change does the is the annexation then mute or is the annexation happened but they don't have their land use what what happens in that situation in part since that's an application from the applicant it may be a position where there's not an annexation they may want the annexation approval contingent upon receiving the L and Z that would be a discussion I think for the applicant partly of you know do do they because they may not want that lane annexed if they do not receive the L zoning so okay thank you uh vice mayor yes yes yes this this is a lot this this is a lot to um sit down by your lonesome s to speak and try to figure out which way to go in this this process um what I would like if you know with all that has been read and what has to be what you want us to Annex do your best to simplify it in about a 4minute presentation challenge me um I'll direct the council to page 398 of your package that's the um existing future land use and the proposed future land use map I feel like that exhibit may help best describe what's being requested here this is Page 398 and I I'll give you a second to uh navigate to that page again this is the the existing future land use map on the left and then what's proposed on the right so on the left hand side we've got um the existing there's eight Parcels that are involved in this request and um one of the parcels is the only one that's proposed to be annexed you'll see that that on the west side or left side of the screen on the existing future land use it's the only parcel that doesn't currently have a color the colors on the map indicate our future land use designations and so because that one parcel is white and indicates that it's not currently in the city and doesn't have a future land use designation so that one sliver uh that's adjacent to Old Dixie Highway is what's proposed to be annexed into the city the rest of the parcels are currently in the city um the majority of the property is in the commercial low intensity that's the uh pink or magenta color um and then on the uh north side of the property or um yeah the the North Boundary so this subject property borders Temple Baptist to the North Temple Baptist Church and there's an existing parking facility that was constructed by Temple Baptist that currently encroaches into the property owned by um the property owner that's requesting this this application in order to remedy to that the applicant has proposed a land swap which would trade the portion of the property currently owned by the applicant and give that to Temple Baptist and in return Temple Baptist would trade um portions back to um to the the applicant so you'll notice that on again on that left hand side Map There's the red outline is the subject property and you'll see on the North property boundary it jogs down and then up that's indicating the the triangles that are being swapped the current property boundary is flat so um if the land swap if this future land use Amendment annexation resoning were to be approved and the land swap were to be recorded then the red line will become the existing boundary between Temple Baptist and uh the property the subject property um the property is along the east coast um the East Central Florida Regional Rail Trail our City's um feature uh recreational amenity um so there's discussion about access um there's a single family residence to the South which is in the tan color kind of in an anvil shape on the south um and there's a it's a flag lot so there's a a stem of the property that leads out to um US1 and the the trail and um I think that that covers that was that my four minutes I kept up with you and my my still uh concern is that um this this this land this property is uh has kind of a a special value to it uh because of the proximity of the hospital our current all of our doctor's offices and everything that that that are out there on the east side of US1 and um uh you would have to uh go through a lot of things and take away what the special use for this property as if we go and start changing too many designations on this property and we will lose that Advantage one thing that uh uh member strok said that always ring in my ear when um I read these different Maps is that uh we don't want to give up everything for a house to be put on we don't uh we don't want to do that so that's my big concern as this this project goes on is to uh we want to keep some things uh as they are we you know we want to grow but uh we we still don't want to become New York City either and we want to if it's as a designated where if we begin to grow and we need a bigger larger medical facility we don't have to try to put it in Ms for Titusville so those are my concerns on this property mayor if I could take a chance and give a more of a clarifying response to member sto's question to me U it's a little unique in the situation because the annexation is only on a portion of the property to the extent and of course if the annexation is denied we are not going to put land and Zoning on County property but this is unique because there's a portion of the property that's being annexed I don't know to the extent that they would move forward in in this binding site plan what is Incorporated in that Bard County portion so if it's not annexed you I have an assumption that they would have to go back and modify it if they wanted to continue with the city land zoning changes and develop it without that annexation but these are questions I don't know I just want to clarify that you know typically if the annexation is denied that that is the end of the story because we cannot address landus and Zoning on County property but this is a portion of the property that's being annexed so if if the annexation is denied then I would probably look the applicant say they want to come back and modify that and go forward I couldn't answer that at this point member Cole uh vice mayor Robinson I just want to uh mention something you said about if the hospital wanted to expand uh if we were to expand I don't think we would expand to that particular property because that has never been in the stars I think our L range plans would be to expand so we wouldn't have to duplicate the services administrative services and everything for another building so I I don't think that's in the cards so I just was withdrawing that I accept it doesn't change my thought I know but you were in the Coast Guard so I understand that I would I would say that much of what vice mayor said were some of my concerns when I first started looking at this and again um despite what good information perhaps you are sharing with us member Cole I would still say 20 years down the road we don't know what going to happen over there I never had any idea that I'd be driving down uh what is it 417 407 one with neor yeah um that thing just came up like crazy and it just kept going and you know what a medical facility they have there I'm not pretending we're going to do that but I am saying we don't know what the medical building needs will be in 20 30 years and I have some concerns about changing that but there's a lot to be be heard Still I'm not trying to say that uh but that was a concern I had I believe the same as vice mayor was expressing member Nelson I was just gonna say I agree with vice mayor we don't know where where we're going to be in the future and this is not just a hospital it's your ancillary Services your doctor's offices your uh rehab Services all those things so I'm really reluctant to change it yeah and if you get a visual um if they give that zoning away or we give that zoning away however that works um in the hospital does want to expand uh Capital uh gains Etc I can see where they don't have that they've got to try to get some zoning um and it ends up out there between here in Port St John and it makes no no sense to me that is our Hospital medical zoning area right there and it would be silly to not keep it that way and again remember this is we'll have the public hearing the next meeting evidence and way that said I mean I'll just share with you my first thought and I've had first thoughts before and then after we heard some things I didn't know Etc matter of fact member Cole shared some some stuff that perhaps would say well that's not where they're going anyway but that's just a concern uh M St yep um and to the City attorney yeah I think um once we hear from the applicant especially at the second reading um we'll be able to make our decision but to the vice mayor's point I think what he was saying is as we look at the map and you guys know I bring this map every time because this tells me what what's our currently in use look like right now and as we're growing and as we're approving a lot of different residential developments I look back to make sure that we're balancing out and we have enough commercial for all the residents that will be in our city So currently this is uh I think it's commercial low intensity so that magenta color and there's not a lot there and so I think whether it's going to it won't be an expansion of the hospital but maybe Medical Offices maybe some type of commercial space that will be of benefit to our residents so what I don't want I think we've all heard is uh there's nothing to do in Titusville now we have all these homes that we've built and residents but they're like traveling outside of Titusville City Limits because we don't have that commercial space um available anymore so as we listen through the hearings and any any hearings that we go through I this is what I always look at to see okay what does this fit with our overall vision for all of our residents um anytime we do any land use changes so that's I just wanted to share that with you anything else preim all right call the cards Holly K she's got paper she's not coming up to pass no you're fine this is my packet that I picked up over there so um Holly CRA I live at 1220 North Washington Avenue you guys were talking about the single family home that's me that tan single family that's in the middle of all that on the map okay I don't have the map that's me so my biggest worry with all this I don't mind having houses put in front of me the last time they tried to build there it was supposed to be Palm Point Palm Point when the little I don't know how to nicely say this when they run away they come to my house so I already with them across the street a mile down the road have cops swarming my house every other week because somebody escaped from Palm Point and they're running around in my woods with a gun I have small kids I would much rather drive through a neighborhood to get to my house than drive through a medical facility right now we come in at Temple and we go down the little dirt path and it brings back to our house cuz we have the Ingress egress easement whatever the fancy word is called but I mean I feel like anyone who I yes Titusville needs to grow but I would much rather me personally as living where I do have neighbors around me right now we have no neighbors we live there by ourselves surrounded by Woods I don't want some big fancy medical facility that I have to drive through that I'm fighting traffic to get into my own house because I'm stuck driving through a medical office parking lot a lot of the people over in Maryland they're worried like oh these people will be able to see in my backyard they can see in my bedroom window and I'm not complaining so why are you I just feel like that sign's been up there selling that property for so long everybody knew this was coming me personally again living where I do in that random Square in the middle of them building all the way around me if I don't have a problem with it I feel selfish saying this but if I don't care nobody else around me should care because I'm the one that's being swarmed not anybody else sitting in here every meeting we go to they're like I don't want neighbors I don't want neighbors how do you think I feel but if I'm okay with it you have no say I was nice when I came up last time and I feel bad I hope I'm still being nice well said well said Thank you thank you next card please Roy Tyson going to pass k o oh M K hello Casey an Maryland Avenue 50 residents came to City Hall February 7th hoping to express their concerns and opposition in regard to the Registries resoning request but they were not given a chance as pnz tabled the agenda item residents had hoped pz's recommendation to council would be provided for your review for the first reading I wish to briefly express to you tonight some of my concerns and some of my neighbors uh about this resoning so you can begin considering this with the other information provided you tonight this nearly 30 acres is appropriately zoned Hospital medical to provide medical services across us one from the hospital as our community grows so often now we must drive 40 miles to see a specialist hm zones are to be protected from encroachment from land uses that don't support medical facilities such as this complex proection 28 to1 another Health Network might want to build on this side or a health and fitness center might want to build there as well it's a long list of things that can be built secondly a bald eagle chick is now in an eagle nest within the 660 ft buffer stipulated to protect nest by the US fish and wildlife service any activity that causes this nest and chick to be abandoned is subject to large fines for the bald eagle protection act staff admits the project encroaches on this buffer the 660t buffer that is supposed to protect active eagl Ness destroying nearly 30 Acres of native Woods full of huge Heritage trees and rare painted bunding to build 314 units right next to the nest would certainly disturb it and may very well cause it to be abandoned the developer needs to be notified to contact the permitting agency and do whatever law stipulates to protect this nest and rare bird habitat bird populations have decreased 30% since 1970s less protect these rare birds the bald eagle and the painted buntings thirdly residents were told by the applicant at the December 5 community meeting that access onto Old Dixie Highway would be limited to emergency vehicles and were provided a master plan indicating same now the master plan shows complete access yet no community meeting was scheduled to inform us of this significant change staff is insisting the access must be complete which will result in a lot of extra traffic onto Old Dixie which has no shoulders no sidewalk no drainage pedestrian and bicyclist must use the traffic just last month when a solid waste truck stopped in the traffic lane a motorcyclist ran into the rear of the truck and died an additional any additional traffic from the registry will likely cause more deaths I have a couple more sentences if you would mind uh 30 seconds okay here our concerns and consider them as you read the information provided you for this first reading keep in mind pnz already recommended denial of this read zoning request in April 2022 their reasonings are still valid today in compatibility with housing existing housing Wetland protection active vehicle nests and access onto Old Dixie when you make your decision about resoning retain Hospital medical zoning deny resoning to allow this huge 314 unit complex on this wooded acreage full of ancient trees and rare birds it's a special site thank you thank you next card Tony shiff Tony shuo 17 715 Tropic Street um I believe that this land should remain zoned Hospital medical for the reasons that have been stated but also um member Cole because your hospital may not even be your hospital after a while if Randy fine gets his way and who knows then what's going to happen as a um patient patient who has to drive to Rockledge and beyond for medical treatment as many people in the room probably do I appreciate having Parish Hospital there and perhaps in the ancillary places across the street rather than seeing um those Heritage trees taken down and um the area destroyed by cramming a bunch of apartments in um um kimley horn did the traffic study and although it's very intensive the thing that stuck out to me was that they estimated at um Rush Hour 57% of the residents would exit on us one with 43% exiting on Old Dixit Dixie Highway which they had said would not be an access point and think about Dixie Highway with those old ancient Oaks overhanging and um then staff said well you know you got to have that hard access on Old Dixie because you can't have um all that traffic exiting onto US1 and and the conclusion was that there would be 32 additional trips on us one if they couldn't ACC um exit through the Old Dixie So Not only would I not change the zoning in the first place in the second place I would not allow them to cram all those apartments in there and then have access to Old Dixie Highway I I would hold them to keeping what they originally said Thank you thank you next card lle Thompson lle Thompson 3550 Irwin Avenue and first of all um I thought that 10B was part of 10A so I put 10B on my card but I'm not going to comment on 10B thank you um so there you've got a picture of some birds there a little teeny tiny bird it's actually the most colorful bird in the in the whole United States and a great big one that is protect um it's protected by both state and federal laws um migratory bird Federal is migratory bird treaty act the bald and golden eagle protection act the and The Endangered Species Act and then um it's protected in the state by FWC and and a permit is required for any kind of activity that's incurring inside the 660 ft buffer zone um develop liards must consult with the US fish and wildlife service when proposing any kind of land use activities within the 660 ft uh buffer zone around an eagle nest you cannot agitate or bother an eagle's nest to a degree that causes or is likely to cause injury to the eagle a decrease in its productivity by substantially interfering with normal breeding feeding or Sheltering Behavior or Nest abandonment by substantially interfering with normal breeding feeding or Sheltering Behavior normally what happens even even if you develop outside the 660 ft um protected area usually the eagle will abandon the nest so you know we Titus will special we have these really cool Birds and the you know the the the threat to the painted buting which is people come here to Titusville to nor perar County specifically looking for that bird and the reason that it's declining is habitat loss so we're talking about habitat loss here the very small preservation areas of 0.15 Acres all the way up to7 79. 810 of an acre are insufficient for the continued existence of both painted buntings and bald eagles um the finds are really big like a 100,000 or uh for individuals or $200,000 for an organization and possibly a year in imprisonment so you don't want to mess around with the Bald Eagles Nest I I really don't want to see that property annexed and access to Old Dixie old old our section of Old Dixie Highway is one of the longest intact sections of the original US1 you know north south Corridor in the state it's historic it's important and if you start increasing the traffic then you're going to have to widen it and take out those Heritage Oaks and um I I just I don't I I would like to see the the original land use and Zoning remain on this property because I think that a less intensive use of um Hospital support facilities would be a lot better there's other areas where we can build apartment buildings this is a really special piece of property thank you thank you next card Michael maack that was done I won't have to take so much time first I wanted to compliment you on the joinerville thing I think that's really good I think what we should really be looking at maybe is a historic overlay district for that whole area and really plan to make that a central centerpiece in in Titusville I think it's important that we don't lose it to gentrification um second is more of a procedural thing why do we have a first reading when you haven't had time to incorporate the inputs from your other committees and get staff's comments on those before it comes back here for a potentially first reading it seems like we've got the cart in front of the horse here with just the only Advantage is it saves us a couple of weeks you know to get it to get the job done but and we're sacrificing you know our committees and our comments before it comes to you guys and I think that's that's rushing the thing to the point at hand I think mayor you're spot on this is a hospital area it's a Hospital District two three generations from now I hope it's still a Hospital District because it's the only one we got right now in the city right so we have to protect that not just for us but our Offspring and our progyny and those that we that will inherit the city from us because you know we're here temporarily that land is a very special piece of property there are some tremendous trees on that land that if you haven't had the experience to visit you really should it's it's a piece of work it's like going to the Enchanted Forest it's an enchanted piece I hope you guys do the right thing thank you thank you Mike next card Dwight saers for the record how you doing morning for the record my name is Dwight sers and U my family and I have owned property there on Georgia Avenue for the last 40 years and I I first want to Simply say that I support my fellow single family residents in opposing the land use change and uh the PD zoning the reason why I'm here tonight was not to talk about the merits on February 7th I filed an objection to the proceeding and uh apparently based upon that the the applicant decided to request the hearing before planning is only commission be delayed and the letter indicated and I don't know whether you have any of this information or correspondence but I'm here tonight to address my objection to the proceeding I did not receive I had no notice from the applicant nor from the city that this would be heard tonight so in an abundance of caution I sent an email to you Mr Mayor to the city manager and City attorney as to whether that issue would come up tonight and at about 10:04 this morning I did receive a call from Mr broom and he reminded me and I appreciate him calling me he indicated that uh he had no idea whether it would come up tonight but as a precaution the representative from kimley horn may be at the meeting I said have you talked with kimley Horn's attorney as to whether they're going to be at this meeting he said no but as a caution so I'm here if that issue is to be addressed do you have a copy of my objection I don't know how you could hear it tonight anyway so uh I'm certainly prepared to be present at your public hearing and address the main issue as to why this should be denied I have a copy if you would like of my objection would you like a copy to the clerk please thank you and I'm available to answer any questions if you have any but be I will be back okay thank you appreciate it next card the last card is Stan Johnston Stan Johnston uh professional engineer that you never listen to as a good introduction is that uh this is the sheet right over here I got over here it says it says on here it says kimley horm as both a consultant for the city and as applicant for a smallscale plan Amendment and then the next thing we have 10A is the small scale kimley horn how can you do that how can they be contracting to to to work for the city on this and do something in the city that's a conflict of interest hello hello anybody listening hello how can you do that is anybody listening okay here's what I see is that uh I ask question is uh is there a survey required for this application the answer is yes or no nobody wants to answer that okay because this there is no there is no survey for this property in this uh package there's no survey there's a description but there's no survey it looks like a survey not a survey um so um uh in this in the particular information that they have on there they have some drawings that shows a municipal drainage ditch page 408 I'm bet there's no comments in in our uh review about that Municipal drain ditch I bet there isn't because that's I expect that is in you know what that might be in storm water management plan of the city of Titusville greater city of Titusville I'm requesting that the staff look at that I'm requesting that pnz look at that I'm requesting that counsil look at it I'm asking even the Tec to look at that it appears to me it looks like like TC should look at it right now from what uh Mr U Ma jaac and and Laur Lee and and somebody else said so uh uh that that's another idea so uh this is going to be qua judu right now it's not qu judal isn't that correct it's not qu judicial at this meeting this is just first reading this is not a qu judicial qu but next time it will be quide judicial so I'd like to see what kimley Horn's going to do on in a quide Judicial thing and that they're that they're having a conflict of interest that's going to be a big one now you might want to warn them that I'm a professional engineer also so uh let let's see what happens uh the right now is the uh on page 396 the uh delineated aerial on page 396 disagrees with the biot tech map on page 48 that's another comment and I believe what you need to have is is a um think think about prescriptive rights on this because it looks like some some issues with prescriptive rights and the ditch may be outside of the uh easement that has been plann for it and so forth okay please do it check your comp plan any of the cards yes sir Council any comments we're going to take a five minute recess oh Lord it may take me five minutes just 10 and back in order city manager uh we are now on uh item 10B which is rezone number number 5 2023 Verona master plan AKA Willow Creek this is the first reading City attorney will read the ordinances affected ordinance number 6 2024 an ordinance of the city of tville Florida amending ordinance number 9 2017 by amending the master plan of the plan development PD zoning District imposed on approximately 638 plus minus Acres of property located west of Grom Parkway east of Challenger Parkway State Road 407 and Interstate 95 at the Western Terminus of Willow Creek Boulevard having Bard count County partial ID numbers 23 35 09001 23350 04002 23359 Y rb10 and 23 3510 Yi WC3 providing for severability repeal of conflicting ordinances and providing for an effective date on February 7th 2024 the Planning and Zoning commission recommended approval of the requested change with the following condition the traffic cing designed be provided for Village a and village C to eliminate the long straight ways in those subdivisions at a time of submitt of engineering plans that vote was 51 one member was concerned about losing industrial commercial land and voted no um staff is here to present to you an answer or any questions that you have may have on this first reading of uh rezone number 5 2023 um Brad you um the one member that had the concern about losing industrial commercial land can you comment on that you feel like that's a valid concern uh yes uh commissioner Rogers and the pnz expressed some concern about losing uh what is currently slated for commercial and Industrial uses so the master plan that currently governs this property identifies an area that could be used for those types of uses uh the request for you tonight is to remove all of that uh Mr Rogers um expressed concern with the the trend of losing some of the capability of being able to build something that's non-residential Express anything further than that okay and when I read it I certainly can see some concerns in in in certain areas so I I I get his his thought process there uh vice mayor yeah yeah um I understand that um in this in this request the uh the density is uh uh the density is not going to change the housing that's that's correct the um uh the uh master plan has an approved uh density of 1,27 7 total units um and it's they're not exceeding that request okay in the replacement process if they take the industrial and turn it into residential uh I understand uh a lot in the exchange is going to be turned into what so the majority of the area will be um considered open space the burrow pit that is there exist ing they are planning on expanding that into a recreational Lake um a lake yes Lake turn into water yes um and they're providing uh recreational amenities surrounding the lake and the area sidewalks around the water um yes so recreational trail um they're proposing three benches um and staff has taken the um existing conditions of approval and um taken them and Incorporated that into the new request and that has been provided to you on uh page page 79 uh 749 of your packets um that's 749 yes and that's taken the uh original conditions of approval and transferred them over into the new um ordinance document that regulates the the master plan well I I I just understand you know what we were going to use for commercial where the city could probably draw some uh revenue from and we are taking that and turning it into repl put in housing we yes we would get housing but it was still part of the the density is not going to change it was still part of but we uh the extra above that at 1200 or so 1275 I saw some 1226 or something like that uh the uh the revenue that the commercial uh property could bring to our city would be lost is that correct that that is what's being requested all right those are all my question this first reading right y first reading member stoko yep um and this may be a question for Mr Honeycut said I'm just curious as to why the change um are they yeah I think I'm just curious as to why um I I believe the applicant probably address that better can we call the applicant up on the first just making sure come on up uh Mr Hy cut please and swear yourself in and um your name and address and then uh good evening uh Rodney hanut at 3700 South Washington Avenue um this is a first reading so uh I won't do anything but try to answer questions that you have and so the um the original uh PUD I think back in 2017 about seven years ago there was a um there was a helicopter school at the airport Bristol Academy and they were getting a lot of complaints uh because they were flying over wind over and um so when we proposed the Pud for a residential the airport on behalf of Bristo asked us to leave a transition zone and not develop residential north of that and so that's what's in the original PUD and so um the helicopter school I guess continue to get enough complaints without this project that they're gone or some reason and so the airport no longer um has any request that we provide a transition zone and that it not be Zone residential and so also um the um the owner uh desires to enlarge that bar pit for enlarg uh Lake Area um and so if you look at if you look at [Music] your I guess if you look at your I don't know if my page numbers are right I copied this uh but page 401 you can if you look at that um the area where the where the bar Pit's going to be enlarged to a large a large lake is surrounded by um subdivision a and uh a no access ramp for I95 on to 407 and wetlands and so the access to that area should it be commercial would have to would have to impact wetlands and if you look at and and uh I'm not sure where your page is for the proposed development but there'll be no impact the wetlands uh by enlarging that area and having a lake and so we felt like that was a benefit also um for doing this and to re to remove that transition zone um there that leaves a small area up there for um a multif family residential area so so the developer KB Holmes uh that's developing this site uh the main things that that they would like to get out of this is is to eliminate that transition zone and allow this Lake uh the first priority the second priority is um in residential subdivisions in Titusville you're allowed to have a model home but in a PUD residential area you're not allowed to have a model home so we're asking that in that model homes be allowed also in these areas that's the second most important thing to them and the last important thing would be adding The multifam Village e and so that's the priorities to do this by adding Village e uh multifamily uh we still St say within the uh approved density for this area and I don't know if that answered M stle you good um yes kind of uh just to follow up with that oh M St so okay I guess it sounds like there was some limitations because of the transition piece and now that that's not an issue anymore you kind of wanted to redesign is kind of what I'm hearing um I guess with that so we're keeping the same amount of unit I think it was 12 1277 and now it's just kind of reconfiguring how best to still have that many units I I guess I would like to see one I I think that increasing the lake to me maybe this is not correct it's trying to account for making sure that we have proper engineering and that homes that are being built there there's some place for the water to go like there's enough open space is what I what I would like to think that's happening by that so yeah so there's um it does provide a lot more open space too by doing that and it allows a lot longer Trail length in the original plans there were Trails proposed around the development but um due to Wetlands and the Water Management District and the core of engineers we can't do that and so this these will all be in Uplands around the lake and it will provide a lot more Trail Advantage okay and so yeah to my point of what would be important to me and I appreciate hearing what's important to the developers would be making sure we have enough open space um as we're getting new development and I I'm really cautious about I don't want people's homes flooded like and I feel like I'm seeing that happening so I I would like to make sure we can preserve what wetlands and Uplands we can have enough open space and then especially with the Pud um I think part of that and the vision for that is to have this Village feel and so I would like to make sure that they are incorporating good amenities and they're not just trying to do bare minimum as we are kind of going through and I don't know what our decision will be on like the next steps with the model home and and then the multif family cuz I I want to be accommodating for them but I also want them to really make this a nice place for the residents that are moving into it um to have as many amenities as possible because I think that was the original plan in mind was this PUD we're going to have this nice Village and you know families being able to enjoy stay walk the neighborhood um and not just doing the bare minimum like throwing up a bench and saying okay we're making it recreational but really trying to invest and make it a nice place that would be I guess my request of them um couple things I'll add then I'll be quite as soon as the first reading so first of all when when you turn off of um Gom Parkway in the subdivision uh it's a mile before you have a road that turns to the right everything is wooded and preserved for a for a mile now two10 of that mile is in the commercial area and that's cleared but inside the subdivision there's 8/10 of a mile on never be an access or a subdivision adjacent to it it'll always be wooded and that's pretty special and and then also is is due to saving the wetlands and really minimizing the impacts I mean there's a there's a large a large area I think it's 45% of open space there'll be on this on this project and so um I just wanted to throw that out any other question member Nelson I was going to say it is a beautiful development I mean seriously you did a great job but my question is pnz talked about traffic calming um any plans for it so um I see I'm not the engineer I'm not the engineer of record for those there's two Villages left they haven't been designed it's um village a and village C and um I know that was a recommendation because some of the long long roads it's not a code requirement so if you decided that you want to follow that it would need to for staff to take that guidance it would need to be part of the motion okay can do that any other questions Mr Mayor yep I do have one question or one clarification I want to bring up the Mr st's question about this the pond the lake our understanding is not a storm water related facility it's not related to any kind of storm water requirement or design that's our understanding that's correct recreational well there's a different purpose there a initial purpose for wanting to to dig in that area but the result is going to be a recreational trail with the benches that this proposed all right Mr Honeycut thank you sir thank you councel anything else to add on that one all right color cards uh one card it's danan Johnston Stan Johnson I don't have any jetion to this but I first time I've seen an issue of we've had issues of of traffic calming but this appears to be an issue of uh of helicopter calming thank you thank you sir all right this is the first reading no motion no vote city manager on to Old business which is item 11a which is parking standards advisability the city code describes the required number of and dimensions of parking spaces um staff had requested from Council advisability to take a look and do some research on the parking space dimensions and the number of parking spaces and this was from feedback that we had received from some of the developers that said that Titus will has some of the highest parking requirements compared to other jurisdictions in the county so with that Mr Parish will go over our um findings and um make a recommendation to council that we either move forward or not Council if your last time you asked I brought this back before you you asked for some research so we provided a little bit in there I won't go through it in detail but I'll just give you the highlights of it um if at the end though you are not inclined to go forward with this approval of this visability we will ask if maybe we can limit it to those kind of improve changes that are related to low impact development and I'll explain what I mean in a moment uh we went ahead and looked at a couple of projects where we typically requ approve a um or process a request to reduce the number of parking spaces or and or the the size of parking spaces and we put in the packet in here and I just kind of described the summary of it on page 759 of your packet on the cover sheet of this agenda item and you'll see the very bottom it says enclos are two example projects and I stated here that per hour estimate Luna Trails Was An approved and constructed site plan completed if if they did not receive a waiver from our development Review Committee for the for reducing their parking spaces or dimensions of spaces they would required to have added an additional 38 parking spaces to be already approved 172 without a waiver the additional 38 spaces would have equated to 12,000 plus Square F feet of impervious surfaces so that project actually operates appropriately it works with the parking that they have there another one on the next page uh we looked at the Durango site plan and if they did not receive their waiver they would have had to um add 2700 plus square feet of impervious surfaces without that waiver um we included those plans so you can see them in their agenda packet we also provided some research on page 761 that just kind of gives you a comparison of other communities in our area as far as parking required ments um ours are pretty high uh compared to some of the other communities um and we get I think probably about a third or maybe just a little above that of the types of waiver requests for design that are brought before our deel development Review Committee or parking related of some sort a lot of these requests uh do ask for or they kind of help you can help justify reduction of your parking or other waivers if you incorporate some kind of liid low impact development best management practice which we have ill identified in our low impact development ordinance and so if they can justify that or propose a BMP that's a bonafied BMP that really works uh and still demonstrate that they can reduce their parking and have the project work correctly uh nine times out of 10 they get that approved by the DRC um obviously each one of these requests have to abide by the city's criteria for review but the DRC uses uh and so the DRC actually the members of the staff have actually asked uh me to bring this before you to see if there's any way we can provide some additional flexibility again if you're not inclined to allow us to look at this in a more broad way we are suggesting um on page 760 of your packet there very top there uh we stated here the majority of requests involve a low impact development management practice parking requirements could be reduced to be approved by right or approved with an administrative waiver with a bonified low impact development best management practice what I mean by that is instead of a waiver going before the full committee development Review Committee we do have a process is are more administrative it's left to me I do rely on my staff to give me input on that but with criteria that we have in our code I can't can review and our staff can review a request to Wave parking on administrative level um and then we would if you agree we would come back to you with an amendment to the ordinance that will allow this flexibility impact development BMP well that I'll try and answer your questions uh vice mayor yes Brad from and I know this is advisement uh we have not gotten to the population number where we don't have enough parking is that correct quite understand the question well we don't need to reduce parking because we don't have enough the size of parking because we don't have enough parking for the cars that we have um I mean there two things two types of requests we get so so just number of parking spaces uh a multif family development for example requires for each residential unit regardless of the size two spaces plus a half space for get gas parking that's 2 and A2 per unit basically um the typical standard you'll see in a lot of communities especially Suburban style communities is maybe 1.75 1.85 generally comparon per unit and it usually works in a more urbanized area like in our downtown you really have a lot of density and you have different types of parking strategies you can get away with maybe 1.2 or 1.25 number of spaces per unit which is pretty low but it could work so but the two and a half is is actually the highest in in forar County um as far as the space size size typically you'll see the standard size of a of a parking space is 9 feet wide 18 ft long our code requires 10 ft wide 20 ft long and when you add that up with all the number of spaces they require that's a lot of impervious spaces they have to put on their property we have strategies to help alleviate that pervious pavement and other bmps but a lot of times um some applicants come to us and say it's really an unnecessary uh requirement I can probably maybe mix it sometimes they'll they'll ask for a mixture some of my spaces be 9 by8 and maybe some be 10 x 20 and kind of mix it that way and but they still have to go before the DRC for a waiver well with with that being said is that I like large spaces my personal thing but uh because of uh as you wonderful chart on page um I think 261 or 761 where you do the comparison of the of the of that that really explains it and makes it clear it does but um what I would uh and advisement as you go through through this um keep as much of a Titus field as you can keep okay uh I understand that you want to that's asking a lot for the developers and the builders that's come in you want to be kind of like the other cities but we still want to be Titus field as well okay I think that I'm going to just interject that chart is uh if you don't know and you've never studied it it's uh very very strange how they do parking you know uh nursing homes one one space two patient beds plus one space employee on largest shift wow I will tell you what as I look at this I can tell you for sure we will not be able to legislate parking I mean we can look at this all day I mean you know this one over here in Melbourne hospitals one space two patient beds plus one space one and a half employees plus one space physician on largeest shift good luck with that member stokel um yes so I I guess I'm looking at it as there were 25 waivers in a little over 10 years and so mine I I don't really want to change it at this time personally I feel like I tried parking in some of those smaller spaces and I can't park in them I mean I not three of us drive a truck so I I I'm just I personally I feel like I've seen some of the smaller ones I'm not a fan um sometimes even when I'm backing out like it because of even like if you shrink the width and the length it's and I get we still will do the waivers I'm for that if they come through I just don't want to make our standard lower because I feel like everyone at that point will then do it and it will change Titus SP in my opinion and I'm just not a fan I'm leading away from that fandom as well member Nelson so I'm thinking I like the idea for your liid projects going through an administrative review instead of having to go in front of your board um and I got to say when I look at it changing the size I think we're just adding more impervious surface so to me that's sort of like I know those with trucks would prefer the larger well it's not even to prefer it's it's really and truly there's times you just got to P around and there can't park here you just you can't make it push two of those and they keep making the the spaces smaller and smaller if we got rid of all the electric cars we wouldn't have that problem well smaller spaces and it sounds like you're making more parking spots but I I'm not a fan okay go ahead so at least for the L can we agree on that administrative review huh do an administrative review for the L give them credit give them L look at keep TI okay Le got that I would need a motion direction from you if that's the way because what you're suggesting snelson is would require us to come up with an ordinance because right now the practice is that you can get the code allows you to go for a waiver but before the development Review Committee so you go before them to justify your reduction okay so I would make that motion well don't make a motion because I still got Cole yes I I agree with uh member stoko that it's often times difficult and especially when you park and you open your door you hit someone's car and then the other problem that people have is that the distance between the parking spaces when you're backing out are so close and especially with the larger Vehicles so I would be in favor of letting things stay the way they are and go in for the waivers as we have done in the past if that's a motion I'll second it we have a card hold on hold on I don't have everybody done up here yet are we done up here I mean I got them popping up all over the place all right call the card one card Stan johnon he drives a little car don't Len sometimes I drive truck used to drive a bus okay so uh uh I thought what Mr Cole had to say was what I think's good idea okay thank you Mr this time thank you uh any other cards yes sir all right let me hear what the motion is okay the motion that I'll make is that we remain with the standards that we have second I've got a motion from Member Cole second for member stoko roll call vote member Cole yes member Nelson under protest yes mayor diesel yes vice mayor Robinson yes member stokel yes passes that's a pass anyway there's your advisement City Manager on to a new business which is uh item 12a City Impact fees advisability the city's impact fee structure was last updated in 2019 staff is requesting approval to proceed with a comprehensive impact fee study which will recommend an economically and legally supportable set of impact fees to offset the growth of related to police protection fire protection Park and Recreation City Hall Public Works Water and Sewer impacts due to growth the impact fees study and plan will comply with the Florida impact fees act Florida statute of 2023 if you approve this staff will bring back to city council a draft t T order and scope of work for City council's consideration before we bid it I will interject uh first because I can do that I think that um I think we've all talked about growth we've all talked about um infrastructure we say that all the time infrastructure infrastructure um liid all that stuff we need uh our new businesses and I'm not believe me you know I'm not trying to hinder or handicap any business but I think that most of them would agree that um we need to uh look at our impact fee and um I don't use the word raising it but bringing it up to Snuff and bringing it up to the impact that they're having and um kind of pay pay their share um and I think uh countywide Statewide comparatively speaking I think we're on the low side there so I am uh very much in favor of an impact fee study and I think we need to work on getting up to proper levels remember call I had my light on but I think you've said exactly what what I would have said that yes totally agree with the study to look at our impact fees and bring them up to the point that we will be able to support our infrastructure fire and police and those kinds of things very important anybody else uh a call card two cards Michael maack oh there is a bonus round I think the uh the impact fee uh look see is a is a very good thing um in fact it's it's kind of the basis that I was thinking of uh of trying to create an incentive program for doing liid and native plants um specifically the uh uh the elements that deal with storm water uh portable water and sanitary sewer um those three are impact our city with any new development there's additional storm water there's additional elements in that storm water which we know fertilizer insecticides herbicides those things create an impact to the environment environment and we're not assessing that I'd like to use that impact and pay that back to the development that uses liid and pay that back to the development that's using mostly native plants so that when we have buildings going forward we have a reason and a value with which to do that and the way that we can manage that is with the impact fee we can take the leftover where they choose say to to put in non-native plants they don't get the incentive that incentive then comes back to the city which feeds our forest Urban Forest plant where we could buy parks and park space to put up more trees but we develop and create a mechanism which we recover part of our social capital that we have with the vistas and the views and the way we think of these historic places because quite frankly these green spaces that we're talking about overdeveloping or developing are actually removing our environment from our space here and that's a piece of Titusville and it's diminishing and it's being eroded away and we need to find a way to incorporate from that back into the City and so I really want want you guys to consider these impact fees so that we can come up with a an equitable way of growing forward thank thank you thank you next card Stan Johnston Stan Johnston registered professional engineer um I believe we do need to look into this issue and with special regard with inadequate City Review that we're having right now that it doesn't have a review of storm water like for example I told you about the book that I paid for and gave to Community Development uh they we we're having problem with surveying we're having problems with a number of things in in our city review and that goes to this one paragraph that's the bottom of this little sheet here I'll read this one one paragraph and it has to do with the impact fees because I'm asking for more for making your City Review adequate es especially with engineering and surveying so here it says so the question is is how can City continue to approve the construction and primary plot of the project S&J Oaks considering one encroachment survey overlaps Witness by me and vice mayor Robinson number two independent findings by city employees Brad parish and Mark Jones that the RightWay of Elizabeth Avenue is 53t wide as shown on snow survey rather it is 50 foot wide is determined by deed from me Stan Johns to city in 1984 number three failure to properly recognize mockberg Lane street signs ETC number four who Okay failure to recognize the prescriptive rights of property owners to be at least a 20 foot wide two-way access as shown by the concrete um um P port and number five was title policy avoided by errors encroachments and other Sur and other of the survey so uh I believe we do need uh uh our staff to to look into these issues more the engineering and surveying because right now as far as I can see is that when I come here is that I'm being disrespected not just me but my my profession engineering and uh other professionals that that practice engineering because you guys are just breaking so many laws violating so many laws and uh uh continue doing it it's it's what I told you before is it's dirty tricks and so uh you need to get away from it thank you thank you any other cards yes sir all right um what do we need to do here we need a motion all right member Nelson move to approve all City and pick fee advisability right thank you yes okay second got a a motion go ahead and say that so I didn't say it City City Impact fee advisability motion to approve the City Impact advisability study advisability there you go and I I have a motion by member Nelson a second by member Cole roll call vote member Nelson yes mayor diesel yes vice mayor Robinson yes member stok yes member Cole yes advisability passes city manager you petitions and requests if you're done now stand uh petitions and requests from the public anybody who didn't speak I think you're only one left and he's not going to all right um mayor support correct yeah thank you Stan um couple things on uh Friday night I went to the um Night of Lights Tim TBO sponsors the Night of Lights um and I'm not sure if you're familiar with it but it's a night it's basically a nationwide prom for special needs people and I will tell you that it was different for me this time because I I've been to it every year it's the fourth year that they've had it here miss Coachman and tits of high school's best buddies do a really good job of putting it together we uh have been having it I forgot the name of it but it's a church next to Royal Oaks rehab center on Knox McCrae um got anyway kind of a small place well this year they went out to the old um Knights of Columbus which is now the Elks Club off of 405 much bigger well next year they're going to have to go somewhere else because they got too big there so that was just a wonderful night and I was I got to take my hat off to the Titus High SGA and best buddies and I I will share pictures later if interested but the kids the students dressed up like superheroes because the theme was everybody's a superhero and I want to tell you it was so I mean we had Spider-Man Superman Wonder Woman um everything it was fantastic the the guests of honor loved it and then T tibo and his wife did a little talk and they ended it with because everybody had a crown or tear I think that's what you call a little special thing um and they announced that everybody was the king and the queen of prom and they went nuts they went nuts it was fantastic so today uh if you saw the early agenda we were supposed to have tits of high school on um earlier for the presentation we talked about uh Proclamation congratulating them on having the first 91 season at TI High School since 1967 um and winning the first playoff game home playoff game since 1988 very very special year and Coach Holmes the coach and I talked and he kind of thought you know as much as we wanted to be here um he said you know they have to they're sharing their track right now because Titus Ohio is getting the new track so they're they're sharing the track with astronauts so they go later they go to practice later so they couldn't have had too many people here because most of the team is on the track team coach Holmes is also a coach on the track team so he said can we do it here so more you know the kids can be it was so cool we got him out of class we had every single player there most every coach um got a picture I don't know who it did I'd like to see who it is but they had a photographer there took a picture of handing them their certificate um Jasmine and I believe mostly Jasmine but uh the staff downstairs did a great job of of doing a certificate for every single player put in a nice folder um it was just a very very special time and my hats off to them and like I told them the most important thing is that they are a Class Act they are respectful they are yes or no sir they are just outstanding young men outstanding coaches and the coaches are making a difference in those kids lives and they will remember that 901 season I told them you'll come back in your 10th and your 20th anniversary and it'll be a bigger deal then than it is now so those are two really cool things that uh I did and I'm very excited about that and we'll go with member Nelson well I went over and checked out the Sher tent this afterno new coming again the the Sher tent oh okay okay the it see it's 300 people it has an Absolut beautiful Stage Sound Room I guess I'm going another now yeah and I don't remember what it is but they're getting ready to start a new play so it's it's it's just beautiful outdoor it's outdoors it's a hard tent um I don't know if Scott's seen it I'm sure one's hurricane proof yeah it's just beautiful what a difference absolutely and I I walked out and it's like very professional very first class and I went man I think we've arrived I mean it's not the little Playhouse there used to be or the little theater movie theater it was when we were kids it's just it's there it's a big deal it's a big deal it's a big deal so did that um I rotary is adding 26 more trees to San Point Park and Cas a on has helped so when we were talking I asked her how many trees they had planted so by the time we finish our 26 they will have planted 165 trees wow did you realize that no I did not I did I've been down there planed but I get there just the time to plant one by the way our trees are still alive I went over to S Point Park we're alive so that was that was really cool and thinking about that I don't know what it would take to plant trees along the bike path is that a possibility could you say it could use some yeah the the quick answer is it depends okay so what does it depend on um it's actually this it's fdot actually owns the the trail itself we maintain it so it would we'd have to work with them in order to add any amenities to it I would be interested in at least seeing what they would say now as a a frequent Rider of the trails yeah espe there's people that that also give me comments on it we have a lot of shade on our Trails do we we do okay and specifically uh on north of Mims area when you get into the wellfields and North yeah it's very very pleasant to ride up there I was thinking more from Garden Street to 46 goes really quick when it's 97 out it really does it's that's only about a Four Mile Stretch and for us you guys real quick okay so as I was looking at the trees I was like boy it'd be nice to have some shade trees up there but Sandpoint I think we'll have Shady know 50 50 more trees in there if you also I was just thinking um the area around Dairy Road as you pick up right after temp Temple Baptist that's all shaded right and then then you get back up into the golf course area once you get into mim's area okay there's one big field that's open but again that goes pretty quick and then it is fairly shaded the comments I get from folks even in the summertime is we like the way I take your word for it when it gets to heat index of 108 and the and the second piece um having almost been hit by a couple cars that cross the trail um we do like visibility the M the more visibility that we can have as we that particular area that you're talking about does have quite a few Crossings and I would rather be able to see I I saw the driver that almost hit me and we made eye contact so I would like to have that I take your word for it thanks member Cole I had the opportunity today uh to give a Tusk irman briefing uh presentation that I have to the daughters of American Revolution that's right and they had it at uh the warber museum well I have a interesting story about the daughters of American Revolution uh in 1963 when I graduated from high school I received a certificate and a check for $100 from the daughters of American Revolution so I Shar that with them today and there are a lot of commonalities I have so I can talk from personal experience with the tus gige Ean because I had an uncle that was a tus gige Airman three of my Roc instructors while at TUS gige were original Tusk Airman Airmen I was commissioned by chappie James who was our first fourstar black General in the Air Force and uh it was just a a very pleasurable evening that I had there and the other thing and Scott I don't want you to say anything about this the chief Alfred Anderson Who was the main flight instructor for the Tuskegee Airmen was the individual that took Elena Rosevelt up to prove to her that blacks could fly Chief Alfred Anderson taught me how to fly when I he was still a a instructor for the rooc flight instruction program at tus gige and needless to say I did not realize what history he had I was able to talk to my uncle about the tus gige Airmen and I was able to talk to my rooc instructors and garnered a lot of information from them but Chief Alfred Anderson got his pilot license in 1929 he was among the first men to receive black men to to get a a pilot's license he was an amazing amazing gentleman so it was a pleasure to be able to give that and I I'm saying this now because if anybody would like me to give that presentation I'm more than willing to do it so they know how to get in contact with me that's outstanding thank you outstanding vice mayor just remember to tell him Herman that the first black to receive a was a female didn't say she was he was the first black yeah okay yeah that's that's an interesting fact all right I don't have anything related to that but 're very good co guard who a CO guard in the room so well um the only thing that I did uh I uh Sarah uh julan vice mayor we went to the EDC celebration I mean breaking out their big new pen and I just sa with a big new pen interesting looking fell uh over the last time and U trip to Tallahassee was very very good uh I don't like the Tallahassee traffic uh I don't like big city traffic and especially big city with small Street yeah very small street but it was very educational uh I learned a lot um I I think it's a it's a it's it's a very valuable thing that uh that is done uh but I uh think that uh it may have been too late to make a difference but that's just my thoughts on it uh I uh went to the uh uh ctpo uh meeting Space Coast uh uh Transportation organization and U that was good a lot of good things uh Titus field and 405 was brought up during the uh during the process uh and uh they're looking for that and we need to work harder to get some more funding for that went to the mo over in uh uh Orlando uh the state is is uh are trying to do away with the mpos or change them as they they go uh uh and the PO is the collection of all of the uh tpos that are in your District so that's it's a big me yeah that uh so and uh again I want to uh uh go to Tallahasse for the first time you need people you can ask questions to because they get sometime busy and uh and run off and leave the new beast but we catch up if you really want to catch up and uh it was it was good and we went to the uh League of cities last night and uh I would let the vice president of the local brief you on some of the things that we did did you get to sit at the big table me I'm still in the same something never changed well I do come visit and I will seat remember ster okay um but she did speak this time she was friendly oh she spoke she wed oh my gosh must be stop that is not true that is not stop it I was very nice thank you she was um she was very nice uh vice mayor brought up a good point um when going to Tallahassee and our guest speaker Greg Ross at last night's dinner kind of spoke to this and he's our current Flor Liga City's president um the importance of making sure that we are meeting with our representatives and Senators when they're not in session um and I I've seen that happen and be beneficial throughout the years so when we get up there in Tallahasse is crazy um once we're there we have a schedule of who to meet with and because they are in committees um sometimes that changes sometimes we had to split off our groups to kind of divide and conquer um but the real in my opinion just from doing this for several years it really starts with trying to develop a relationship with them prior um so that is very beneficial because once you get up there um you want to make sure that you're there during a committee weeks before um things would be heard in the separate committees because sometimes it doesn't matter if you have a good bill or a bad Bill it depends on whether or not it makes it through all three committees and then gets to the floor of both the House and Senate so in regard to that um some of the bills that we're watching right now um some of them have made it all the way through house and have not even gone through one Committee in the Senate side so that means probably won't pass so you have to have it go through both sides and that's where a lot of the work comes into play is who's on that committee so some of the people that we met with one of the and I appreciated this about one of the Reps said let me see which of these I'm actually going to hear because you could be wasting your time if you're meeting with somebody and they're not even going to hear the bills that you're talking about flip side of that it could be beneficial if they have a relationship with somebody that's the chair of that committee so there is a lot of strategic planning when it comes to this um in terms of the actual bills that are going through I think one of them uh that will probably pass is that sovereign immunity that um was mentioned before so the Caps right now um haven't been raised in over 10 years so I anticipate that one I mean it just it is what it is um I I'm I kind of see both sides so I felt like that one probably will um go through I think really where where it will hurt people are the smaller cities um personally um One update that we got yesterday which I think think is very beneficial for us is in regard to form six um that one passed last year but city of Coco is wanting to sponsor a session for all electeds um so March 18th in Coco from 6: to 8 um they're bringing in somebody to go over form six um so again March 18th from 6:00 to 8 also in terms of that that um and I don't think that we should kind of go down this path we did have somebody speak at our board meeting that there are I think 19 cities now that have joined a lawsuit and our City attorney mentioned this before um against uh form six under I think their standing is constitutional provision right to privacy um I have concerns personally um that I don't think that we should join as a city because one uh I feel like if we had any standing this state would have already fought that standing saying well we're we've we're doing it right now so I don't know how we could actually have standing and two because it's something we have to file individually I don't know how good it will look if we're using funds to join the lawsuit it would cost $10,000 as a city to do that how that would look since it's an individual thing that we have to do and now we're saying as a city we want to fight it so there are 19 cities that are have joined it so far and then in addition let me interdict it um heard on the TV news yesterday I guess Melbourne joined yep probably that Melbourne Melbourne voted to move forward that was one of the attorneys that spoke to us yesterday so um I will tell you from just who I've spoken to um there are people on both sides that are very passionate about their stance so we it is something that we could discuss or you can talk to um some of the other council members to see if you see a different view of it that's just from who I've talked to so far um kind of my view on it um what else uh it was the largest uh legislative action days we've had in Tallahassee um so I think that is uh I I think the biggest thing is even though they're pushing back a lot on preemption and like our home role I do feel like the more that we are present and we're building relationships it really does make a difference um it's just whether or not it will be enough of a difference is what I'm seeing um another thing that was mentioned while we were in Tallahasse at the board meeting uh the Florida League of cities is really trying to revamp what they're doing and how they can best serve us so there will be a member survey that will be emailed to all of you on just the services they provide and I think it would be beneficial if we all fill it out um because we're all involved at different levels so I think it would be good to hear from all of us to see kind of what resources they can provide because one of the things they're working on is to have a new toolkit for newly elected officials and I think that's great um because we get our handbook and our orientation but I think they're trying to reach Vamp and try to uh educate more I think the state level so a newly elected official feels confident going into the role um because I feel like I don't know about you guys but it took a while to really get a handle on um everything that we do and what we're in charge of and what we're not and um the last thing that I will touch on is I didn't share this with you guys before um because I really didn't know what to expect but I got to participate in something really cool it was called called local government 2030 um and it was an initiative started last year um a national initiative um and it was just a kind of like a think tank um where somebody had an idea to gather and recruit a bunch of different people together to look at solving um some Grand challenges for local government so last year when they met it was mostly um young practitioners so under 40 people that work in local government to try to address some challenges that local government govern faces so they met all last year um they also invited Partners to kind of help sponsor um to different sponsors within local government um that would want to be a part of it so this year they decided to invite I think there were 12 of us young elected officials from Across the Nation I was the only one from Florida and we came together and they had already started some three different initiatives one was related to um communication and how to best engage citizens as things have changed especially in terms of Technology engagement getting them to participate one was on promised Pathways and integrating Justice impact individuals into public service and how to get them to potentially want to work in public service and then one I was a part of was grow a resilient Workforce on how to recruit retain and develop um and I think that one was really important as we're thinking about public service even today we had an agenda item that talked about hiring bonuses and um as we think about indiv uals potentially retiring getting older Herman um sorry but thinking about how do we recruit and retain the younger generation um and so it was really exciting to be a part of something like that especially to hear from electeds and practitioners from outside of Florida and ways that they may approach things um I just had never participated in something like that and it was really cool so I plan to stay involved with that group as well um as they try to refine some inititive IES and come up with different ways to address some of these problems and challenges that local government faces I think that's all I have city manager I have H one action item and it's uh if you would get your calendars ready uh I need a a date to um do the results of the citizen survey which is currently underway the survey will be returned and uh a report format on April 5th and we'll have a special meeting with senior staff and and Council to review the survey results and uh consider input changes to your strategic plan meeting will be facilitated by Christen baky you're familiar with her from lead bevard and the dates the primary dates that staff's recommending is 30 April at 5 the second date is uh 2 May at 5 and the third possible date would be the 7th of May at 5 what day of the week all the Tuesday Thursday and then Tuesday they're basically off weeks from city council meens except we threw one Thursday and just in case you wanted a Tuesday off me too I know I can't do the second okay and the seventh is possible but I may not be all here do you want to do the 30th I'd rather do the 30th let's do the 30 I think you get the may I think May 7th might even be senior Awards night is a high school okay so we'll uh we'll do uh the workshop uh on the 30th of May at 5:00 pm 30th of April I'm sorry April I apologize wor what are we calling this this is the similar to what you had done in the past as your Saturday morning Miss baky would come back with the results from that so this year we're doing survey survey summary figure out what to put this survey review thank you review results and that's 500 P PM 5: P pm on the 30th yes sir okay uh two information items the city again was designated as a tree City USA uh recognition letter is in there and uh staff also providing an update on the inactive status of the nor Bard County Public Library District and finally um we're about uh 43 days into the new year and officer Cruz wanted me to pass along to councel that he is still working out how you work out to still gain weight City attorney yes the best I have one item that we received that too late to include in the agenda but I wanted to bring it up and if you recall we settled we participated in several settlements regarding the opioid cases right right yeah one of those entities was Indo IND endo and they're filing a chapter 11 bankruptcy to restructure their debt and as one of the claimants that participated under the settlement we have a right to file an objection to their bankruptcy plans if you're so inclined uh those would have to be filed by February 22nd uh according to the documentation we received uh the opioid claimant committee representing claimants has recommended not to object to the plan I understand that Bard County will be taking no objection on objecting to the plan so I just want to let you know the option is there if you decide you want to object to their bankruptcy plan but otherwise I do not intend to do that okay now if I do hear from the Attorney General's office as far as u a strong opinion I I will bring that back to you if it requires special meeting but I've reached out to them and they haven't provided U any indication that they would suggest we object your button but no it's not pushed right okay anything else anybody else with that meeting turn