Regular City Council - July 26, 2022 at 6:30 PM

CITY OF TITUSVILLE

COUNCIL AGENDA

July 26, 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 meeting on May 10, 2022.


 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Reserved for Presentations - There may not be adequate time at the regular City Council meeting scheduled for July 26, 2022 at 5:30 p.m. to hear all the presentations as outlined in the agenda. If necessary, the presentation(s) will be heard at this time during the regular City Council meeting on July 26, 2022 that commences at 6:30 p.m.

 


6. BOARDS AND COMMISSIONS

 

A. Board of Adjustment and Appeals - Reappoint two (2) regular members and one (1) alternate member to the Board of Adjustments and Appeals for two (2) year terms to expire on July 31, 2024.

 

B. North Brevard Economic Development Zone Dependent Special District Board - Appoint one regular member to the North Brevard Economic Development Zone Dependent Special District Board for an unexpired term to expire on December 31, 2023.

 


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

ITEMS)

 


8. CONSENT AGENDA

 

A. Award of Contract for Construction of the Area III Wellfield Electrical Project - Approve award of a Contract for Bid No. 22-B-014 to Eau Gallie Electric, of Melbourne, FL for construction of the Area III Wellfield Electrical Project in the amount of $664,000 contingent on the City's acceptance and approved use of the second tranche of America Reinvestment Plan Act funds for this project, and authorize the Mayor to execute the contract.

 

B. 2022-2023 Park Avenue Christian Academy Resource Officer Program - Approve and execute the 2022-2023 Park Avenue Christian Academy School Resource Officer (SRO) Program Memorandum of Understanding and the required budget amendment.

 

C. 2022-2023 Sculptor Charter School Resource Officer Program - Approve and execute the 2022-2023 Sculptor Charter School School Resource Officer (SRO) Program Memorandum of Understanding and the required budget amendment.

 

D. Final Ranking and Award of Supervisory Control and Data Acquisition System Integration Services - Approve the evaluation committee rankings and recommendation for Award of Supervisory Control and Data Acquisition (SCADA) System Integration Services RFP #22-P-043/TB to Benro Enterprises dba Rocha Controls of Tampa, Florida. Authorize staff to conduct contract negotiations. Authorize the Mayor to execute the negotiated contract upon review and approval of the Purchasing and Contracting Administrator, City Manager, and City Attorney.

 

E. Appointments to School Board Capital Outlay Committee - Appoint Planning Manager Brad Parrish and Senior Planner Eddy Galindo as the City's representative and alternate, respectively, to the School Board Capital Outlay Committee.

 

F. Appointments to School Board Educational Facilities Impact Fee Benefit District Advisory Committee - Appoint Planning Manager Brad Parrish and Senior Planner Eddy Galindo as the City's representative and alternate, respectively, to the School Board Educational Facilities Impact Fee Benefit District Advisory Committee.

 

G. Appointments to Space Coast Transportation Planning Organization Bicycle Pedestrian Technical Advisory Committee - Appoint Sustainability Planner Rachel Muller and Senior Planner Eddy Galindo as the City's representative and alternate, respectively, to the Space Coast Transportation Planning Organization Bicycle Pedestrian Technical Advisory Committee.

 

H. Extension of Ecotech Consultants, Inc. Contract - Approve and authorize the City Manager to sign the 1st amendment to contract #CO17P019, Wetlands Monitoring, Operations, and Maintenance Services.

 

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

 

A. Ordinance No. 26-2022 - Amending the Stormwater Management Utility Ordinance to Clarify Procedures - Conduct the second reading and public hearing 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.

 

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.

 


B. Resolution No. 14-2022 - Vacate Right of Way (ROW) Application No. 1-2022, Orange Street - Conduct the public hearing and adopt Resolution No. 14-2022 vacating, abandoning, and discontinuing certain public streets for a portion of the public right-of-way of Orange Street and providing for an effective date.

 

The Planning and Zoning Commission considered this item on July 20, 2022 and recommended approval of ROW No. 1-2022 with the staff recommended conditions and the request by staff to change condition #1 to read All required easements (the rest of the condition remains the same) Approved 7-0.


 

C. Conditional Use Permit (CUP) Application No. 4-2022 Sweet Peas Playpod - Approve CUP Application No. 4-2022 to allow an indoor recreational and commercial amusement use at 2400 South Hopkins Avenue.

 

At their regular meeting on July 20, 2022, the Planning and Zoning Commission recommended approval of CUP No. 4-2022 as presented without any conditions. Approved 7-0.

 


D. Rezoning Application (REZ) No. 1-2022 Jennifer Drive - Conduct the public hearing and second 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 unplatted

property located on the east side of Jennifer Drive.

 

On July 6, 2022, the Planning and Zoning Commission considered this item and unanimously (7:0) recommended approval.

 


E. Small Scale Comprehensive Plan Amendment Application with Rezoning (SSA) No. 2-2020 – The Cottages - Conduct the public hearing and second reading of ordinances for Small Scale Comprehensive Plan Amendment (SSA 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 20, 2022 the Planning and Zoning Commission, acting as the Local Planning Agency, considered this request and tabled the item to their second meeting in July, per the Applicant's request. The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request at their July 20, 2022 meeting and  recommended approval changing the Future Land Use Map (FLUM) from the Commercial High Intensity Land Use designation to the Medium Density Residential Land Use designation. Approved with a 7-0 vote. In addition, recommended approval of the rezoning from the Community Commercial (CC) zoning district to the Planned Development (PD) zoning district with the following three conditions (1) Adding to 1.9 Roadway design / Traffic Circulation – (E) No access is allowed by automobile from the commercial site onto US Highway 1; (2) Change sentence two in 1.11 Natural Resources to read Heritage trees should to the extent possible be preserved. (delete the rest of language from the sentence); and (3) Change sentence in 1.12 Buffering / Screening 1. A 6-foot tall opaque fence or wall along the property line with an evergreen hedge that will grow to at least 6-feet within 2 years. Motion was approved with a 5 yes, 2 no vote. No votes were due to concerns with safety of children on sidewalk, crossing 4 lanes of traffic, lack of Homeowners Association, more traffic on Dairy Road, environmental concerns regarding the debris on the site, the density, and limited ADA access.

 

10. ORDINANCES-FIRST READING

 

A. Ordinance No. 28-2022 - Removal of Wild Date Palms (Phoenix sylvestris) as Canopy Trees - Conduct the first reading of Ordinance No. 28-2022 amending the Code of Ordinances to remove Wild Date palms (Phoenix sylvestris) as a permitted canopy tree by amending Sections 30-393, “Landscape material size requirements (at time of planting)” and Landscaping Technical Manual, Section 5.2 “Trees and shrubs, canopy trees (50’-100’ ht)”; 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 August 9, 2022).

 

The Titusville Environmental Commission considered this ordinance on June 15, 2022 and recommended approval as written. The Planning and Zoning Commission considered this ordinance on July 20, 2022 and recommended approval of the Sylvester Palm Ordinance as presented. Approved 7-0. 


 

1. OLD BUSINESS


 

12. NEW BUSINESS

 

A. 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.

 


B. Proposed Tentative operating millage $7.2145 mils and Proposed Tentative Voted Debt Service Millage at $0.2542 mils - Set the proposed tentative Operating Millage rate for the Fiscal Year 2023 budget at $7.2145 mils which is 13.48% above the rolled back millage rate of $6.3573 mils. Set the Voted Debt Service millage rate (Riverfront Acquisition Referendum) at $0.2542 mils. The maximum levy authorized by the Series 2005 General Obligation Bonds is $0.5930 mils. Additionally, set the first Public Hearing for September 14, 2022 at 5:30 pm at City Hall and the second and final Public Hearing on September 22, 2022 at 5:30 pm at City Hall.


 

C. Utilization of American Rescue Plan Act (ARPA) Funds - 2nd Tranche - Authorize staff to proceed with the 2nd round of projects using the 2nd tranche of $4,303,596 in ARPA funds received on June 16, 2022. Project descriptions meet all Federal eligibility requirements as verified by our external consultant, Government Services Group. Project descriptions are attached in the agenda packet for your review.

 


D. Advisability to Cost-Share in Brevard County Property Appraiser GIS Upgrade Project - Council provide staff guidance regarding participation cost - share proposal requested by the Brevard County Property Appraiser to assist in funding the $2.4M Brevard County GIS software upgrade. The City of Titusville would be asked to contribute approximately $63,321 under the least expensive cost-share methodology

 

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