Regular City Council - November 9, 2021

CITY OF TITUSVILLE

COUNCIL AGENDA

 

November 9, 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 meetings on September 28, 2021 (6:30 p.m.), October 12, 2021 (6:30 p.m.), and October 26, 2021 (5:30 p.m.).

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

6. BOARDS AND COMMISSIONS

 

A. North Brevard Library District Board - The North Brevard Library District Board's Semi-Annual written report is included in the agenda packet. No action is requested.

 

B. Titusville Housing Authority - The Titusville Housing Authority's Semi-Annual written report is included in the agenda packet. No action is requested.

 

C. Summary of Absences by Member of the Planning and Zoning Commission - Please review the member's absences and provide staff with direction.

 

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


8. CONSENT AGENDA

 

A. Acceptance of Award FY 22 Bullet Proof Vest Grant - Accept Bullet Proof Vest Award in the amount of $12,676.50 and associated Budget Amendment.

 

B. Purchase of Police Vehicles FY22 - Approve the use of Sourcewell (formerly NJPA) Contract #2021-12 0716-NAF and 06 for the purchase of twelve (12) vehicles from Alan Jay Fleet Sales, and authorize staff to initiate necessary instruments to secure purchase.

 

C. Resolution No. 37-2021 - Advisability for Right of Way (ROW) Application No. 2-2021, Aguinaldo Avenue - Adopt Resolution No. 37-2021 declaring that the City Council will hold a public hearing to consider the vacating, abandoning, and discontinuing of certain public right-of-way on November 23, 2021 at 6:30 p.m. in the Council Chamber located at 555 South Washington Avenue.

 

D. Community Redevelopment Agency (CRA) Budget Amendment - Transfer $20,000 from Project CR1604, Trail Town Amenities and $50,000 from Professional Services to Project CR2202, Redevelopment Plan Update and Strategic Initiatives Plan, Professional Services - Approve the CRA Budget Amendment to transfer $20,000 from the Trail Town Amenities Project account and $50,000 from the Professional Services Account to a Redevelopment Plan Update and Strategic Initiatives Plan Project CR2202, Professional Services account, pending the recommendation of the CRA.

 

E. Resolution No. 38-2021 Approving Temporary Closure of State Roads for Special Events - Small Business Saturday Marketplace, November 27 and Christmas Parade, December 4, 2021 - Approve Resolution No. 38-2021 approving the temporary closure of S. Washington Avenue (US Highway 1) on November 27, 2021 for the Small Business Saturday Marketplace and December 4, 2021 for the Christmas Parade.

 

F. Vehicle Repair Contract Increase - Approve increasing the total authorized amount of contract SV18B048 to Ron Norris Ford of Titusville, FL from $103,844 to $253,844 for Ford franchise dealer repair shop work for cars, light and medium trucks; additionally approve increasing the total authorized amount of contract SV15B048 to Ron Norris Buick GMC of Titusville, FL from $242,800 to $452,800 for GM franchise dealer repair shop work for cars, light and medium trucks.

 

G. Storage Lease with Titusville-Cocoa Airport Authority - Approve subject to satisfaction of lease terms with the City Manager and City Attorney a five (5) year term lease for property and building to be used as storage for the Public Works Department with the Titusville-Cocoa Airport Authority in the first year amount of $35,576.00 with annual adjustments based upon a 3% increase. Additionally, authorize the Mayor to execute the agreement upon review and approval of City Attorney and Purchasing & Contracts division.


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

 

A. Ordinance No. 31-2021 Relating to Social Services in the Indian River City Neighborhood (IRCN) Zoning District - Conduct the second reading and second public hearing of Ordinance No. 31-2021 amending the Land Development Regulations by amending the definition of "Social Services" contained in Section 28-21 "Indian River City Neighborhood Zoning", Subsection (c) "Nonconforming Uses"; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code.

 

The Planning and Zoning Commission (P&Z) considered this ordinance at their meeting on November 3, 2021 and recommended approval of the change as presented by staff. Motion approved 6-1. In addition, the P&Z made a motion to recommend to City Council advisability for staff to review the IRCN ordinance Section 2: Section 28-21 due to discrimination of other uses.

 

B. Comprehensive Plan Amendment (CPA) 2-2021 Property Rights Element - Conduct the public hearing for Ordinance No. 32-2021 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 (CPA) 2-2021 adding a Property Rights Element including goals, objectives and policies relating to property rights into the Comprehensive Plan; providing for severability and providing for an effective date.

 

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this plan amendment on October 20, 2021 and unanimously (7:0) recommended approval.

 

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.

 

C. Conditional Use Permit (CUP) Application No. 6-2021 – 15 Einig Avenue, 199 Foot T-Mobile Monopole Cell Tower - Conduct the public hearing and approve Conditional Use Permit Application No. 6-2021 for the placement of a 199 foot AGL Monopole Communication Tower and support facility to be located at 15 Einig Avenue, with conditions.

 

The Planning and Zoning Commission reviewed this item on November 3, 2021 and recommended approval with the following four conditions: (1) Provide a five (5) foot landscape yard buffer in front of the proposed high security fence where the property fronts Einig Avenue; (2) Meet all required LDR’s; (3) Approval of the site development permit shall not increase any nonconformities or create new nonconforming issues; and (4) The cell tower has to be a full head monopole. Motion passed 6-1.

 

D. Conditional Use Permit (CUP) Application No. 7-2021 - Swan's Storage Staff recommends approval of CUP No. 7-2021 to allow a mini-warehouse use on a vacant, unaddressed parcel located on State Road 405 (South Street) between S. Park Avenue and Kilmarnoch Lane, Parcel ID 22-35-17-AV-*-81. This is a quasi-judicial item.

 

During the Planning and Zoning Commission meeting on November 3, 2021, the Planning and Zoning Commission considered this item and recommended approval of CUP No. 7-2021 with the staff recommended conditions. Motion approved with a 7-0.

 

10. ORDINANCES-FIRST READING

 

A. Ordinance No. 33-2021 - Development Fees - Conduct the first reading of Ordinance No. 33-2021 amending the Code Of Ordinances by incorporating and adopting fees related to building inspection and permit fees, fire permit and inspection fees, special event application fees, and community development fees; amending Chapter 6 “Building and Building Regulations” by amending Section 6-57 “Application form” and creating Section 6A-1 “Building inspection and permit fees”; amending Chapter 9 “Fire prevention and protection” by amending Sections 9-6 “Bonfires and outdoor rubbish fires” and 9-12 “Occupancy inspection fee schedule”, amending Chapter 11 “Licenses and regulations” by amending Section 11-502 “Permit application” amending Development Review Procedures Manual by creating Section 17 “Fees”; providing for findings, ratification, 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 to be heard by City Council on November 23, 2021 at 6:30 p.m.)

 

B. Rezoning (REZ) Application No. 2-2021 - 3413 South Hopkins Avenue - The applicant has requested tabling of the first reading of Ordinance No. 34-2021 amending the zoning map made a part of said ordinance by reference by replacing the present Neighborhood Commercial (NC) zoning district with the Community Commercial (CC) zoning district for a property approximately 0.27 acres in size, located at 3413 South Hopkins Avenue.

 

The Planning and Zoning Commission considered this item at the November 3, 2021 meeting and recommended tabling this item based on the applicants request. The item is tabled until staff and applicant determine when it will come back on a future agenda. Motion passed 7-0.

 

11. OLD BUSINESS

 

12. NEW BUSINESS

 

A. Disposition of Surplus Residential Vacant Lots - Provide advisability on the sale of surplus vacant residential lots.

 

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