Regular City Council - June 8, 2021

 

CITY OF TITUSVILLE

CITY COUNCIL AGENDA

 

TUESDAY, JUNE 8, 2021

6:30 PM – COUNCIL CHAMBER

555 SOUTH WASHINGTON AVENUE, TITUSVILLE, FLORIDA  32796

 

AGENDA


In order to help prevent the spread of the COVID-19 (Coronavirus) and to comply with all local, state, and federal laws and guidelines regarding social distancing rules, designated  seating shall be provided for the public at City Council and other City Boards meetings. Individual speakers shall, when directed to do so, be given the opportunity to speak on agenda items during the meetings in accordance with City of Titusville policies and Resolution No. 36-2020. No tripods, easels, props, or other demonstrative aids shall be brought into public meetings of Council and City Boards. Speakers are permitted to have a sign with them during their designated speaking time provided that the sign is held by the speaker and is to be removed at the conclusion of their speaking time. Speakers who appear in person will be subject to screening for symptoms of COVID-19 and any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall or public meetings of Council and City Boards. As an additional method for public participation, the public may submit written comments, via email to city.agenda@titusville.com or by regular mail to City Council's attention at City Hall, 555 South Washington Avenue, Titusville, FL 32796. Written comments must be received by 5:00 p.m. prior to the start of the meeting and include the senders name, address and the subject line must specify the agenda item being addressed. All comments will be disseminated to the Council members and made a part of the public record prior to any action being taken.

 

Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office. The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting.

 

1. CALL TO ORDER

 

2. INVOCATION - A moment of silence will be held. 

 

3. PLEDGE OF ALLEGIANCE 

 

4. APPROVAL OF MINUTES


A. Minutes - Approve the minutes of the regular City Council meetings on April 13, 2021 and May 11, 2021.

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

6. BOARDS AND COMMISSIONS

 

A. Titusville Environmental Commission - The Titusville Environmental Commission's semi-annual written report is included in the agenda packet. No action is required.

 

B. Titusville Environmental Commission (TEC) - Leave of Absence - Approve TEC Member Michael Myjak's four month leave of absence from July 2021 through October 2021.

 

7. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA

ITEMS)

 

8. CONSENT AGENDA

 

A. Resolution No. 19-2021 - Advisability for Right of Way (ROW) Application No. 1-2021- Adopt Resolution No. 19-2021 declaring that the City Council will hold a public hearing to consider the vacating, abandoning, and discontinuing of certain public right-of-way on July 13, 2021 at 6:30 p.m. in the Council Chamber located at 555 South Washington Avenue.

 

B. 2021 U.S. Environmental Protection Agency (EPA) Brownfields Community-Wide Assessment Grant - Accept grant funding in the amount of $300,000 from the U.S. Environmental Protection Agency (EPA) for a Brownfields Community-Wide Assessment Grant and approve the associated budget amendment to authorize the expenditure of grant funds.

 

C. Budget Amendment - Solid Waste Vehicles - Approve budget amendments in the amount of $854,000 from Public Works Impact Fees, unbudgeted revenue and working capital to fund the expansion of the automated sideloader fleet and rearloader fleet due to the impact of the City's growth. Additionally, fund the expansion of the automated sideloader reserve fleet and approve the associated budget amendments and creation of capital outlay projects.

 

D. Generator Maintenance Contract Award for Water Resources - Approve the award of a contract to Csonka All Tech of Titusville, FL as primary contractor and CJ's Sales and Services of Ocala, FL as the secondary contractor to provide maintenance services of Water Resources' generators, in the annual amount of $50,000, with an initial term of one (1) year and two (2) optional one-year renewals; and authorize the Mayor to execute the contract.

 

E. Purchase of Software Upgrades for the Water Reclamation Facilities Operating Systems - Approve the purchase of two AVEVA Intouch System Platform 2020 and the associated supporting items from Insource Solutions of Richmond VA in the amount of $60,100.17 to upgrade the WonderWare Software at both Water Reclamation Facilities, approve a budget amendment to fund the purchase, and authorize the Mayor to execute the contract.

 

F. Lease Acquisition of Two Streetsweepers - Approve the acquisition of two new streetsweepers from Environmental Products of Florida from Apopka, Florida under a 4-year lease agreement with Leasing 2, Inc. from Tampa, Florida in the amount of $95,710.23 annually, and a maintenance agreement in the amount of $14,400 annually. Additionally, authorize the Mayor to execute all the necessary agreement documents subject to the resolution of agreements terms and conditions by the City Manager and City Attorney, create associated capital outlay project and approve the associated budget amendment.

 

9. ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

A. Ordinance No. 12-2021 Relating to Temporary Offices in Industrial Zoning - Conduct the second public hearing for Ordinance No. 12-2021 amending Chapter 28 “Zoning” of the Land Development Regulations to allow temporary offices as an accessory use in Industrial zoning classifications and specifying standards; specifically amending Section 28-342 “Accessory use table” and creating Section 28-374 “Temporary offices”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code.

 

The Planning and Zoning Commission considered this ordinance on June 2, 2021 and recommended approval as written with the following recommended changes: under (c)(1)b. the administrator may approve the two (2) months extension and City Council may provide additional extensions after the initial two (2) month extension. Also add to Subsection h. temporary pervious parking may be approved during site plan process of site permits by the Administrator. The motion carried with a 7-0 vote.

 

B. Ordinance No. 13-2021 - Impact Fee Credit Transfers - Conduct the second reading of Ordinance No. 13-2021 amending the Code of Ordinances Chapter 34 “Procedures” to include provisions related to transfer of impact fee credits consistent with State law, specifically amending Section 34-426 “Impact fee credits”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code.

 

The Planning and Zoning Commission considered this ordinance during their meeting on May 19, 2021 and recommended approval as presented, 7-0.

 

C. Ordinance No. 15-2021 Relating to Breweries - Conduct the first reading and first public hearing Ordinance No. 15-2021 amending Chapter 28 “Zoning” of the Land Development Regulations to add craft brewery/craft distillery as a permitted use with limitations in the Tourist (T), Community Commercial (CC), Downtown Mixed Use (DMU), Shoreline Mixed Use (SMU), Regional Mixed Use (RMU) and Urban Village (UVv) zoning districts, amending the permitted use with limitations to require a conditional use permit in the Urban Mixed Use (UMU) zoning district, and amending the definition and standards of craft brewery/craft distillery and removing microbrewery as a permitted use with limitations in the Downtown Mixed Use (DMU) zoning district; specifically amending Section 28-54 “Use table”, Section 28-204 “Craft brewery/craft distillery” and deleting Section 28-213 “Microbrewery”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the

code.

 

(This is the first reading and first public hearing. The second and final public hearing is scheduled for July 13, 2021 at 6:30 PM.)

 

The Planning and Zoning Commission considered this ordinance on June 2, 2021 and recommended approval with the following recommendation to change any zoning category that allows residential uses to require a conditional use where the proposed brewpub is within 100 feet of a residential use, otherwise the brewpub use shall be permitted as a limited use. The motion carried with a 7-0 vote.

 

10. ORDINANCES-FIRST READING

 

A. Ordinance No. 16-2021 Grease Interceptors - Conduct the first reading of Ordinance No. 16-2021 amending the Code of Ordinances to amend Chapter 21, Article III, Division 8 “Grease Interceptors” of the Code of Ordinances to provide flexibility to existing facilities requiring a grease interceptor; by amending section 21-240(a)(1), 21-240(a)(2), 21-240(c)(2), 21-240(c)(3) and deleting section 21-240(c)(1); providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the first reading. The second reading and public hearing is scheduled for the regular City Council meeting on July 13th, 2021 at 6:30 p.m.)

 

11. OLD BUSINESS

 

12. NEW BUSINESS

 

A. Sand Point Park Sewer Spill Update - Authorize the City Manger to execute Consent Order 21-0113 with the Florida Department Environmental Protection.

 

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

 

14. MAYOR AND COUNCIL REPORTS

 

A. Mayor's Report - The Mayor's Report is included in the agenda packet.

 

B. Council Reports - City Council Members will provide their individual reports.

 

15. CITY MANAGER’S REPORT

 

A. City Manager's Report - The City Manager's Report is included in the agenda packet.

 

16. CITY ATTORNEY’S REPORT