Regular City Council - April 11, 2023

 

CITY OF TITUSVILLE

COUNCIL AGENDA

April 11, 2023

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 special City Council meeting on March 7, 2023.

 

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

 

6. BOARDS AND COMMISSIONS

 

A. 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 requested.

 

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

 

 

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

 

 

8. CONSENT AGENDA

 

A. Water and Sewer Service Agreement - Parcel Number 22-35-34-00-505 - Per Chapter 21, Article I, Section 21-1(b), approve the water and sewer service agreement for Parcel Number 22-35-34-00-505 as it meets the criteria to allow connection.

 

B. Mourning Dove Water Treatment Plant Roof Repairs - Approve the award of Bid# ITB-23-B-016/SM to Tech Systems of Melbourne, Florida in the amount of $47,550.00 for the Mourning Dove Water Treatment Plant Roof Repair Project and authorize City Manager to execute contract upon review and approval of City staff. Additionally, approve the associated

budget amendment.

 

C. Lawn Maintenance for Water Production - Approve award of Bid No. 23-B-029/SM to The Spain Group   of Vero Beach, FL for the Lawn Maintenance Services for Water Production in the annual amount of $26,775.00 and authorize City Manager to execute contract upon review and approval of City staff.

 

D. Water Treatment Plant Lime Silo Rehabilitation - Approve the award of Bid# ITB-23-B-030/SM to Razorback, LLC of Tarpon Springs, Florida in the amount of $65,000.00 for the Water Treatment Plant Lime Silo Rehabilitation Project and authorize the Mayor to execute the contract.

 

E. Use of JEA contract #189884 with DMD Consultants, Inc. for routine fire hydrant maintenance - Approve the utilization of JEA's contract 189884 with DMD Consultants, Inc. for Routine Fire Hydrant Maintenance. In addition, approve the following: (1) Add JEA contract 189884 to the Vendor of Record to be utilized for routine hydrant maintenance with an estimated annual expenditure of $100,000 and (2) Authorize City staff to issue the purchase order.

 

F. Reduction in Trade-In Allowance for City Streetsweepers - Approve current trade-in value of units MV41167 & MV41168 on acquisition of two streetsweepers in the amount of $29,096 due to a reduction in the buyback value of the existing streetsweepers due to additional hours of operation. Additionally, approve the associated budget amendment.

 

G. Transfer of Pond Water Purchase Order - Approve the emergency purchase order issued to KAG Specialty Products of Lakeland, Fl in the amount of $45,775 for the hauling of water from the Osprey Pond to Blue Heron Water Reclamation Facility.

 

 

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

 

A. Elected Officials Compensation Proposed Adjustments - Conduct second reading and public hearing of Ordinance No. 21-2023 amending Section 2-28 of the Code of Ordinances by increasing the salary of councilmembers and mayor.

 

 

B. Ordinance No. 27-2023 - Antenna Ordinance - Conduct the first reading and first public hearing of Ordinance No. 27-2023 amending the Code of Ordinances to create antenna as an accessory use with limitations, by amending Section 28-342 “Accessory Use Table” and creating Section 28-351.5 “Antenna”, including standards for the use with limitations; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. 

 

(This is the first reading and first public hearing. The final public hearing is scheduled for the regular City Council meeting on April 25, 2023 at 6:30 p.m.)

 

The Planning and Zoning Commission considered this ordinance on April 5, 2023 and recommended approval as presented and requested exploration of height limit, 7-0.

 

 

C. Ordinance No. 28-2023 - Mobile Food Vendors - Conduct the first reading and first public hearing of Ordinance No. 28-2023 amending the Code of Ordinances by establishing “Mobile Food Dispensing Vehicles” pursuant to Section 509.102, Florida Statutes, including definitions, exemption from the requirement to obtain a business tax receipt from the city, setting forth purpose and intent, license, location and operational requirements, enforcement and penalty provisions, and by amending Section 11-331 “Definitions”; and by creating Article XVI “Mobile Food Dispensing Vehicles”, and amending Chapter 28 “Zoning” by creating Section 28-145.1 “Mobile Food Dispensing Vehicles”, and amending Section 28-54 “Use Table” and amending Chapter 37 “Definitions” Section 37-1 “Definitions”; providing for severability, repeal of conflicting ordinances, effective date and incorporation into the code. 

 

(This is the first reading and first public hearing. The final public hearing is scheduled for the regular City Council meeting on April 25, 2023 at 6:30 p.m.)

 

The Planning and Zoning Commission considered this ordinance on April 5, 2023 and recommended approval as presented, 7-0.

 

 

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.

 

 

D. Easement Vacate Application (EAS) No. 1-2023 – 3585 Belle Arbor Circle - Approve to vacate a five (5) foot portion of the ten (10) foot Public Utility Easement on property located at 3585 Belle Arbor Circle and related Resolution No. 11-2023.

 

The Planning and Zoning Commission considered this ordinance on April 5, 2023 and recommended approval as presented, 7-0.

 


 

E. Conditional Use Permit (CUP) 9-2022, 3500 Cheney Hwy - This application was withdrawn.

 


 

F. Conditional Use Permit (CUP) No. 10-2022 Lake Fern Academy (257 Aguinaldo Ave) -  Conduct a public hearing on Conditional Use Permit No. 10-2022 to expand an existing private school located at 257 Aguinaldo Drive.

 

The Planning and Zoning Commission considered this ordinance on April 5, 2023 and recommended approval as presented, which included the two staff recommended conditions, 7-0.

 

 

10. ORDINANCES-FIRST READING

 

 

11. OLD BUSINESS

 

A. American Rescue Plan Act (ARPA) Affordable Housing Request for Proposal #23-P-027 Funding Recommendation - Approve the ARPA funding for the Hope Hammock Ph. II affordable housing development located at 550 S. Brown Avenue in the amount of $945,410 and authorize the City to enter into development agreements. 

 

 

12. NEW BUSINESS

 

A. Advisability - Transitional Housing - Consider advisability for staff to research the City's zoning regulations related to transitional housing, including homeless, domestic violence and emergency and protective shelters. At the Council's direction, the staff may propose amendments to the City's zoning regulations.

 

B. Affordable Housing Property Disposition Program and Community Land Trust Advisability - Provide advisability to develop an Affordable Housing Property Disposition Program and partnership with a Community Land Trust, through the Neighborhood Services Department.

 

C. Code Enforcement Lien Amnesty Program Extension - Approve Resolution No. 12-2023 extending the Code Enforcement Lien Amnesty Program, for an additional six months, to expire on October 27, 2023.

 

D. Approve 2023 Water Supply Facilities Work Plan - Approve and adopt the 2023 Water Supply Facilities Work Plan.

 

E. Ad Valorem Tax Abatement for Tax Year 2022 – Brix Project Brewery, LLC - Approve the Economic Development Ad Valorem Tax Exemption and continuation of Ordinance No. 27-2015 for tax year 2022 for Brix Project Brewery, LLC at 100 percent.

 

F. Ad Valorem Tax Abatement for Tax Year 2022 – Eckler Industries - Approve the Economic Development Ad Valorem Tax Exemption and continuation of Ordinance No. 18-2013 for tax year 2022 for Eckler Industries, Inc. at 90 percent.

 

G. Ad Valorem Tax Abatement for Tax Year 2022 – Paragon Plastics - Approve the Economic Development Ad Valorem Tax Exemption and continuation of Ordinance No. 23-2015 for tax year 2022 for Paragon Plastics at 60 percent.

 

 

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