Regular City Council - July 12, 2022

CITY OF TITUSVILLE

COUNCIL AGENDA

July 12, 2022

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 April 12, 2022, April 26, 2022 (6:30 p.m.), and May 24, 2022 (6:30 p.m.).

 

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

 

6. BOARDS AND COMMISSIONS

 

A. Titusville Cocoa Airport Authority - Appoint one regular member to the Titusville-Cocoa Airport Authority for a term to expire on July 11, 2025.

 

B. Historic Preservation Board - The Historic Preservation Board's semi-annual report will be presented. No action is required.

 

 

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

 

 

8. CONSENT AGENDA

 

A. Fire Department Emergency Response Vehicles - Authorize the use of impact funds to purchase (1) 2022 Chevy Silverado 2500HD Crew Cab pickup, and (1) 2022 Ford Interceptor Hybrid Utility vehicle to include associated emergency lighting and siren packages and associated equipment from Alan Jay Fleet Sales for a total amount not to exceed $120,000.

 

B. Cost-Share Funding Interlocal Agreement-Sand Point Park Baffle Box - Approve the Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement between the City of Titusville and Brevard County in the amount of $137,135 in funding toward the construction of the Sand Point Park Baffle Box Project, approve associated budget amendment and authorize the Mayor to execute the agreement.

 

C. Amendment to Declaration of Covenants, Conditions and Restrictions for Meadowridge - Approve the Fifth Amendment to Declaration of Covenants, Conditions and Restrictions for Meadowridge.

 

D. Quote Award - Stormwater Assessment Mailing - Approve the award of price quote 22-PQ-050 to Quadient, Inc of Milford, CT, in the amount of $16,225.84 per the State of Florida Contract #44102100-17-1 pricing effective 02/20/2017 through 02/19/2027 for printing and mailing of the stormwater assessment notices and authorize issuance of the purchase order.

 

E. Jess Parrish Medical Foundation Grant Award for Emergency Medical Services (EMS) Equipment - Accept the grant award from Jess Parrish Medical Foundation for $17,403.81 to purchase one (1) LUCAS 3, v3.1 Chest Compression System from sole source vendor, Styker. Additionally, approve associated budget amendment.

 

F. Temporary Traffic Signal Repair - Approve the emergency purchase order issued to Carr Construction of Okeechobee, Fl in the amount of $19,836.32 for the installation of a temporary traffic signal at Park Avenue and Harrison Street.

 

G. Request advisability to prepare an ordinance providing provisions and procedures for reduction of Code Enforcement liens by Special Magistrate - Approve advisability to prepare an ordinance providing provisions and procedures for the Code Enforcement Special Magistrate to consider code enforcement lien reductions.

 

H. Additional Funding Stormwater Operating - Approve budget amendments in the amount of $26,938 to allocate Capital Improvement Project unexpended funds to operating accounts to sustain operations for the balance of the fiscal year.

 

I. Award of Grant for City of Titusville Style and Architectural Guidelines Project - Approve and authorize the Mayor to sign the State of Florida, Department of State, Division of Historical Resources grant agreement #23.h.sm.100.003 to complete a City of Titusville Architectural Style and Design Guidelines Project and to approve the attached budget amendment to recognize the proceeds of the grant.

 

 

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

 

 

10. ORDINANCES-FIRST READING

 

A. Ordinance No. 26-2022 - Amending the Stormwater Management Utility Ordinance to Clarify Procedures - Conduct the first reading of Ordinance No. 26-2022, an ordinance of the City of Titusville, FL amending the Stormwater Management Utility Ordinance, amending portions of Article V of Chapter 21, Utilities, of the Code of Ordinances; amending sections 21-272, 21-273, 21-275 and 21-276, City Code and creating sections 21-274, 21-277, 21-278, and 21-279, City Code, to clarify the procedures for modifying the Stormwater Utility Fee Assessment; providing findings, ratification, incorporation into the code, severability and an effective date.

 

(This is the first reading. The second reading and public hearing is scheduled to be conducted by City Council on July 26, 2022.)

 

 

B. Rezoning Application (REZ) No. 1-2022 Jennifer Drive Conduct the First Reading of Ordinance No. 27-2022 amending the zoning map made a part of said ordinance by reference by replacing the present Multifamily Medium Density Residential (R-2) zoning district to the Single-Family Medium Density (R-1B) zoning district for un-platted property located on the east side of Jennifer Drive. (The public hearing is scheduled for the regular City Council meeting on July 26, 2022 at 6:30 p.m.)

 

On July 6, 2022, the Planning and Zoning Commission considered this item and recommended approval with staff's recommendations, 7-0.

 

 

C. Small Scale Comprehensive Plan Amendment with Rezoning (SSA) Application No. 2-2020 - The Cottages - Conduct the first reading of ordinances for Small Scale Comprehensive Plan Amendment (SSA) Application No. 2-2020.

 

Ordinance No. 15-2022 amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the  comprehensive plan of the City of Titusville, by amending the future land use designation for approximately 9.7 acres of land located at the southwest corner of Highway U.S. 1 and the Dairy Road intersection with parcel id number 21-35-28-00-279, from the Commercial High Intensity future land use designation to the Residential Medium Density future land use designation; and

 

Ordinance No. 16-2022 amending the zoning map made a part of said ordinance by reference by changing the zoning classification of approximately 15 acres of land located at the southwest corner of the Highway U.S. 1 and Dairy Road intersection with parcel id number 21-35-28-00-279, from the Community Commercial (CC) zoning classification to the Planned Development (PD) zoning classification. 

 

The land use amendment is a legislative item and the rezoning is a quasi-judicial item.

 

On April 26, 2022, City Council tabled the public hearing for this item to June 26, 2022 at 6:30 p.m. The Planning and Zoning Commission, acting as the Local Planning Agency, will consider this item at their regular meeting on July 20, 2022.

 

 

11. OLD BUSINESS

 


12. NEW BUSINESS

 

A. Selection Committee Recommendation to the Council of Three Ranked Firms for Independent Auditor Services and Authorize Negotiation with Top Ranked Firm - It is requested that the Council accept the rankings and final recommendation of the ranked CPA Firms responding to Request for Proposal 22-P-033/LR, Independent Audit Services for the City of Titusville; Establish a Negotiation Committee; and Authorize Negotiation of a Contract with the Council Selected Firm. It is also requested that the Council authorize the Mayor to execute the subsequent negotiated contract, not to exceed the maximum annual fees proposed, and upon review and approval from the City Attorney's Office.

 

In addition, authorize the City Manager to sign any and all renewals.

 

 

B. Advisability - Purchase of Modular Fire Station with the use of Impact Fund Fees - Approve advisability to initiate the process of utilizing impact fees for the purchase of a modular fire station to be put in service at 1100 John Glenn Blvd. Estimated costs are approximately $414,000.

 

 

C. Stormwater Services Assessment Report - Accept the presentation and Stormwater Services Assessment Report.

 

 

D. North Brevard Economic Development Zone Fiscal Year 2022-2023 Proposed Operating Budget (City Contribution) - Review and approve the North Brevard Economic Development Zone Fiscal Year 2022-2023 Proposed Operating Budget (City Contribution).

 

 

E. Automotive Servicing and Truck/Vehicle Rental in Downtown Mixed Use (DMU) - Downtown Subdistrict - Provide direction to staff regarding automotive servicing and truck/vehicle rental in the Downtown Mixed Use (DMU) - Downtown subdistrict

 

 

F. Request for Proposal - Consultant to Review Conditional Use Permit No. 2-2022, Independence Recycling - Review and approve the Request for Proposal - Consultant to Review Conditional Use Permit No. 2-2022, Independence Recycling.

 

 

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. Right to Clean Water Proposed Charter Amendment Petition - In the event that the Charter Amendment Petition acquires sufficient signatures for placement on the ballot for the November election, authorize the City Attorney's Office to retain Attorney Clifford B. Shepard of the law firm of Shepard, Smith, Kohlmyer & Hand, P.A., to file a declaratory decree or other appropriate legal action to determine whether the language contained in the Charter Amendment Petition is preempted by F.S. 403.412(9)(a) and legally sufficient for placement on the ballot.