Regular City Council - October 12, 2021

CITY OF TITUSVILLE

COUNCIL AGENDA

 

October 12, 2021

 

6:30 PM - Council Chamber at City Hall

555 South Washington Avenue, Titusville, FL 32796

 

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 meeting on September 14, 2021.

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Special Recognition and Presentation - Best Buddies Program - Mayor to present Letter of Support and Certificates of Appreciation to the participants of the Best Buddies Program - Titusville High School .

 

6. BOARDS AND COMMISSIONS

 

  1. Board of Adjustments and Appeals - The Board of Adjustments and Appeal's semi-annual written report is included in the agenda packet. No action is required.

 

B. North Brevard Commission on Parks and Recreation - The North Brevard Commission on Parks and Recreation's semi-annual written report is included in the agenda packet. No action is required.

 

C. North Brevard Library District Board - Reappoint one (1) regular member to the North Brevard Library District Board with a term to expire on September 30, 2023.

 

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

 

8. CONSENT AGENDA

 

A. Fire Department Budget Transfer Request - Approve request to transfer $3,500 from the Car Seat Donations Restricted Fund Balance Account (001-5555-589.11-04-GF2104) into the Fire Department operating budget (001-0901-552-52.01-GF2104) to purchase needed supplies for the public education and child occupant protection programs. Purchase will include 96 child passenger seats.

 

B. Grant Agreement for Scobie Park Improvements - Approve a grant agreement between the City of Titusville and the Brevard County Board of Commissioners in the amount of $43,000 in funding toward the construction of the Scobie Park Improvements. Additionally, approve associated budget amendment and authorize the Mayor to execute the agreement.

 

C. 2021 Tree City USA Recertification Application - Authorize the Mayor to sign the 2021 Tree City USA recertification application.

 

D. Group Medicare Medical and Pharmacy Plan Options for City Retirees for January 1, 2022 through December 31, 2022 - Approve the 2022 Cigna Medicare Supplement and Medicare Part D Prescription Drug Plan renewal for City retirees eligible for Medicare at a 0% rate increase and approve the 2022 Aetna Medicare Advantage Plan renewal for City retirees eligible for Medicare with a per member, per month rate increase of approximately 3.52%.

 

E. Purchase of Equipment - Public Works - Approve the use of Florida Sheriffs Association Cooperative Purchasing Program to purchase the budgeted equipment replacement Z02223 to Dobbs Equipment LLC of Orlando, Florida in the total amount of $157,450.75 for the purchase of a 4x4 Backhoe. Also approve the use of the Sourcewell Contract 031121-HTE to purchase the budgeted equipment replacement Z02221 and ZO2238 to Hustler Turf of Hesston, Kansas in the total amount of $19,899 for the purchase of three (3) 54" Mowers, Additionally, approve the associated budget

amendment transferring funds to capital outlay projects Z02223 for this purchase.

 

F. Memorandum of Understanding for Participation in the FINDER Data Sharing Network (FLORIDA-Region 5) - Approve the annual renewal of the Memorandum of Understanding for the Titusville Police Department to participate in the FINDER Data Sharing Network and the subscription fee of $2,500. Authorize the City Manager to execute the Memorandum.

 

G. Advisability - Social Services in Indian River City Neighborhood (IRCN) Zoning District - Approve advisability for staff to review and make recommendations, as appropriate, related to social services/community services definitions in the Zoning Code.

 

H. Coastal Partnership Initiative Grant Application - Community Resiliency Stewardship Program - Authorize the City Manager to sign the Coastal Partnership Initiative Grant Application Certification Statement.

 

I. Resolution No. 36-2021 - Reimbursement Resolution - Approve the Reimbursement Resolution No. 36-2021, declaring the City's intent to reimburse itself from proceeds to future tax-exempt financing for capital expenditures.

 

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

Second Reading, Public Hearing and Related Action (Quasi-judicial) THE FOLLOWING ITEMS ARE SUBJECT TO QUASI-JUDICIAL RULES OF PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST FIRST COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH CONTAINED THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST WILL BE HEARD FIRST. IF YOU HAVE PHOTOGRAPHS, SKETCHES, OR DOCUMENTS THAT YOU DESIRE FOR CITY COUNCIL TO CONSIDER, THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE RETAINED BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK.

 

A. Conditional Use Permit (CUP) Application No. 5-2021 - 2060 Garden Street, U-Haul Moving and Storage - Conduct the public hearing and approve Conditional Use Permit Application No. 5-2021 to operate a mini-warehouse and warehouse facility located at 2060 Garden Street with conditions.

 

The Planning and Zoning Commission considered this request on October 6, 2021 and recommended approval with conditions as recommended by staff, 7-0.

 

10. ORDINANCES-FIRST READING

 

A. Comprehensive Plan Amendment (CPA) Application No. 1-2020 Titusville Mall - Conduct the First Reading of Ordinance No. 27-2021 amending the Code of Ordinances by amending ordinance No. 60-1988, which adopted the Comprehensive Plan of the City of Titusville, by adopting Comprehensive Plan Amendment 1-2020 amending the Future Land Use Map of the Comprehensive Plan by replacing the Commercial High Intensity future land use designation with the Urban Mixed Use future land use designation on approximately 22 acres of land located west of South Washington Avenue, east of South Hopkins Avenue, south of Country Club Drive, and north of Narvaez drive, and having an address of 3550 South Washington Avenue; providing for severability and providing for an effective date.

 

AND

 

Ordinance No. 28-2021 amending Ordinance No. 60-1988, which adopted the Comprehensive Plan of the City of Titusville, by adopting Comprehensive Plan Amendment 1-2020 amending the Future Land Use Element of the Comprehensive Plan by changing Policy 1.11.15 to add the maximum density and intensity for redevelopment site #2 (3550 South Washington Avenue); providing for severability and providing for an effective date.

 

AND

 

Ordinance No. 29-2021 amending Ordinance No. 5-1993 of the city of Titusville, Florida, by amending the zoning map made a part of said ordinance by reference by replacing the Regional Commercial (RC) zoning district with the Urban Village (UV) zoning district on approximately 22 acres of land located west of South Washington Avenue, east of South Hopkins Avenue, south of Country Club Drive, and north of Narvaez Drive, and having an address of 3550 South Washington Avenue; and providing for an effective date.

 

The comprehensive plan amendment to the Future Land Use Element is a legislative item.

 

The comprehensive plan amendment to the Future Land Use Map is a legislative item.

 

The Rezoning request with master plan is a quasi-judicial item.

 

The public hearing is scheduled to be heard by City Council on October 26, 2021 beginning at 6:30 PM. The State Land Planning Agency (LPA) had no objection to the comprehensive plan amendments. The Planning and Zoning Commission, acting as the Local Planning Agency considered these items on October 6, 2021 and recommended approval with conditions as recommended by staff, 7-0.

 

B. Ordinance No. 30-2021 - Low Impact Development (LID) - Conduct the first reading of Ordinance No. 30-2021 amending the Code of Ordinances to adopt Low Impact Development Standards, amending Chapter 30 “Development Standards” by amending Sections 30-8 “Technical manuals”, 30-163 “Open space standards”, 30-278 “Satellite parking”, 30-324. “Landscape”, and 30-337 “Permitted uses within the landscape buffer yard”; Amending Chapter 30 “Development Standards” by creating Article V. “Low Impact Development” to include Sections 30-421 “Intent” and 30-422 “LID analysis”; amending Chapter 34 “Procedures” by amending Section 34-306. “Administrative waiver of setback requirements”; amending the “Development Review Procedures Manual” by amending Section 3.4 “Applications to be processed expeditiously”; amending The “Stormwater Management Technical Manual” Section 7.4 “Stormwater management design criteria”; amending The “Transportation Infrastructure Technical Manual” by amending Sections 9.7, 9.16.4, 9.16.8, 9.17.1.1, and 9.19.3 to enable specific LID Incentives; creating “The Low Impact Development Technical Manual” by adding Sections 11.1 “Intent”, 11.2 “Goals of low impact development”, 11.3 “Low impact development plan”, 11.4 “Operations and maintenance (O&M) documents”, 11.5 “Low impact development (LID) best management practice (BMP) list”, 11.6 “Low impact development incentives matrix”, and 11.7 “Minimum parking requirements for development utilizing low impact development”; providing for severability, repeal of conflicting ordinances, an effective date, and incorporation into the code. (The second and final public hearing is scheduled to be conducted by City Council on October 26, 2021 at 6:30 p.m.)

 

The Titusville Environmental Commission (TEC) considered this ordinance at their May 12, 2021 and June 9, 2021 meetings and recommended several changes to the ordinance (attached). The TEC recommended that all terms "encourages/encouraged" to "required/requires". The Planning and Zoning Commission considered the ordinance at their meeting on July 7, 2021 and recommended approval (7:0) including the TEC recommendations, requiring that project utilize more than one BMP and that 50% of stormwater be processed through LID techniques and adding an additional Whereas clause.

 

11. OLD BUSINESS

 

12. NEW BUSINESS

 

A. Verona, Village B - Sketch Plat - Approve the sketch plat for Verona, Village B. Verona, Village B is a proposed 173 lot single-family subdivision on approximately 117.06 acres located west of Willow Creek Boulevard and north of Verona, Phase I subdivision. (This agenda item is quasi-judicial.)

 

The Planning and Zoning Commission recommended approval, 5-2. One Commissioner that voted no expressed a desire to table the item.

 

B. Airport Entrance Connector Road Maintenance - Approve the City Manager to provide a letter to the Florida Department of Transportation (FDOT) acknowledging the City of Titusville will accept public roadway dedication from the TICO Airport Authority and provide roadway maintenance of the proposed roadway as show in the agenda packet upon review and acceptance that the roadway has been designed and constructed to City Standards.

 

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

 

A. National Opioid Settlement Formal Notice - For information.