Regular City Council - February 13, 2024

CITY OF TITUSVILLE

COUNCIL AGENDA

February 13, 2024

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 January 9, 2024, January 23, 2024 (5:30 p.m.), and January 23, 2024 (6:30 p.m.) and special City Council meeting on January 11, 2024.

 

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

 

6. BOARDS AND COMMISSIONS

 

A. Titusville Environmental Commission - Appoint one (1) alternate member to the Titusville Environmental Commission (TEC) with an unexpired term to expire on November 30, 2026.

 

On February 7, 2024, the Planning and Zoning Commission discussed this appointment and recommended Member Moscoso also serve on the Titusville Environmental Commission, 6-0.

 

B. Titusville Environmental Commission Semi-Annual Report - July - December 2023 - The Titusville Environmental Commission's Semi-Annual Report will be presented. No action is required.

 

C. Board of Adjustments and Appeals - The Board of Adjustments and Appeals Semi-Annual Report is provided in the Council agenda packet, as written. No action is requested.

 

 

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

 

 

8. CONSENT AGENDA

 

A. Award of Proposal for the Project "Joynerville & Beyond: Memorializing and Celebrating Titusville's African American History" - Approve the award of contract to Stantec Consulting Services Inc. in the amount of $50,000 to lead the project of Joynerville & Beyond: Memorializing and Celebrating Titusville's African American History and authorize the City Manager to execute the contract with Stantec Consulting Services.

 

B. City's Critical Classification /Hiring Monetary Bonus Program - Staff recommends approval of the City's policy providing for a hiring bonus.

 

C. Boating Infrastructure Grant Program (BIGP) - Approve the request to seek grant funding through the Boating Infrastructure Grant Program (BIGP) to fund the repair/replacement of Titusville Marina docks C and E. Additionally, authorize the City Manager as signatory authority for the application. If awarded, the grant acceptance will be brought back before City Council.

 

D. Appropriate Forfeiture Funds Vehicle Maintenance/Crime Prevention and Patrol Shields - Appropriate and approve the use of Forfeiture Funds for the following: $10,000 for repair and maintenance of 11 forfeiture vehicles, $10,000 for Crime Prevention Materials and promoting National Night Out and $20,000 to purchase patrol mini- shields. In addition, approve the associated budget amendment using restricted fund balance.

 

E. Flag and Memorial Committee Use of Funds - Authorize the Flag and Memorial Committee's use of restricted funds totaling $5,294 for Flag and Memorial operating supplies and approve the associated budget amendment using restricted fund balance.

 

F. Amendment 1 - Work Order #18 to the Armstrong pH Adjustment Project - Approve the award of Work Order #18 amendment #1 to AECOM Technical Services, Inc. in the amount of $35,562 to provide additional upgrades at the Armstrong Booster Pump Station for pH adjustment and authorize the City Manager to execute the Work Order.

 

G. Amendment #1 to FDEP Grant Agreement MN039 for City of Titusville Stormwater Improvement Projects - Approve amendment #1 to grant agreement MN039 between the City of Titusville and the State of Florida Department of Environmental Protection, increasing the award amount from $1,667,865.00 to $2,027,865, adding an additional stormwater improvement project, and changing the grant expiration date. Additionally, approve the associated budget amendment, project creation, and authorize the Mayor to execute the amendment to the agreement.

 

H. Purchase of Vehicles- Public Works - Approve the use of Florida Sheriff's Association Cooperative Purchasing Program, Contract # FSA23-VEH31.0 Pursuit, Administrative & Other Vehicles for the purchase of 2 budgeted vehicles to Duval Ford of Jacksonville, Florida in the total amount of $198,238.86 for the purchase of one (1) F-550 and one (1) F-450. Additionally, approve associated budget amendment to increase financed amount to match actual purchase prices.

 

 

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

 

A. Ordinance No. 50-2023 - Wireless in the Public Right of Way - Conduct the second reading and public hearing and adopt Ordinance No. 50-2023 to establish regulations for Wireless Communication Facilities in the Right-of-Way pursuant to Section 337.401 of the Florida Statutes. 

 

(On November 14, 2023, this item was tabled to the regular City Council meeting on December 12, 2023. On December 12, 2023, this item was tabled again to the regular City Council meeting on January 9, 2024, and again to the regular City Council meeting on February 13, 2024 with a new advertisement)

 

Ordinance No. 50-2023, An ordinance of the City of Titusville, Florida, amending the Code of Ordinances to implement the advanced wireless infrastructure deployment act; adopting regulations related to placement, maintenance, and replacement of wireless and other communications facilities in the public rights-of-way, providing registration and permitting procedures, insurance and bonding requirements, objective design standards, waivers, safety, and enforcement provisions by amending Chapter 17 “Streets, Sidewalks and Certain Other Public Places” Article IV “Telecommunications Right of Way Regulations” Section 17-83 “Registration” and by creating Article V “Wireless Communication Facilities Right-of-Way Regulations”; providing for severability, repeal of conflicting ordinances; an effective date; and incorporation into the code of ordinances. (This is the second reading and public hearing.)

 

 

B. Ordinance No. 5-2024 - Civic Conditional Use Permits - Conduct the second reading and final public hearing of Ordinance No. 5-2024 amending the Code of Ordinances by reclassifying “Recreation and Commercial Amusement (indoor)” from a conditional use to a limited use in the Community Commercial (CC), Regional Commercial (RC), Regional Mixed Use Mixed Use Multifamily (RMU-300), and Urban Village (UV) zoning districts, by amending Sections 28-54 “Use Table”, 28-275 “Recreation and Commercial Amusement (indoor)” and 37-1 “definitions”; providing for severability, repeal of conflicting ordinances, incorporation into the code and effective date. This is a legislative item.

 

On January 16, 2024 the Planning and Zoning Commission unanimously recommended approval of the Civic Conditional Use Permits Ordinance as presented. A correction to the hours of operation was made to Sec. 28-275(c)(1))(b.). The recommended language approved by the Planning and Zoning Commission on January 16, 2024 has been attached.

 

 

C. Comprehensive Plan Amendment No. 1-2024 - Transmittal of a Draft Comprehensive Plan Amendment to amend the Future Land Use, Transportation and Housing Elements and adopt a City-wide Goal with Objectives and Policies - Conduct the public hearing and recommend approval to Transmit Comprehensive Plan Amendment No. 1-2024 to the State's Land Planning Agency (LPA) for expedited review.

 

On February 7, 2024, the Planning and Zoning Commission recommended approval of the document with the following stipulations: (1) The total height of a building and the height of a story be clearly defined. (Per the P&Z’s discussion, this recommendation is intended to be addressed in the Code to help implement draft FLUE Strategy 1.24.3.2) and (2) Change encourage Florida friendly plants to require a majority of the plants to be Florida native. (Per the P&Z’s discussion, this recommendation is in reference to draft FLUE Policy 1.5.8). Vote 5-1. A member did not support the motion because of his concerns with an apparent conflict by Kimley-Horn as both a consultant for the City and as the applicant for a small scale comprehensive plan land use amendment.

 

 

10. ORDINANCES-FIRST READING

 

A. Small Scale Comprehensive Plan Amendment (SSA) No. 2-2023 - The Registry at Sand Point - Conduct the first reading of ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 2-2023.

 

Ordinance No. 1-2024 amending Section 7, Chapter 63-2001, Laws of Florida, Special Acts of 1963, by annexing certain property located east of Old Dixie Highway having Parcel ID number: 21-35-29-00-778 to be included within the city limits; providing for severability; providing for repeal of conflicting ordinances and providing for an effective date, and

 

Ordinance No. 2-2024 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 29.88+/- acres of property located west of U.S. Highway 1 and east of Old Dixie Highway, having Brevard County parcel IDs: 21-35-28-00-520, 21-35-28-00-522.1, 21-35-28-00-535, 21-35-28-00-520.1, 21-35-28-00-539, 21-35-29-00-793, 21-35-29-00-778, and 21-35-28-00-517 from Res 4 (Brevard County), Public/Semi-Public, and Commercial Low Intensity future land use designation to the High Density Residential (City of Titusville) future land use designation; providing for severability; providing for repeal of conflicting ordinances; and providing for an effective date, and

 

Ordinance No. 3-2024 amending Ordinance No. 5-1993 and 29-2016 of the City of Titusville, Florida, by amending the zoning map made a part of said ordinance by reference by changing the Agricultural Residential AU (Brevard County), General Use GU (City of Titusville), and Hospital Medical HM (City of Titusville) zoning districts to the Planned Development PD zoning district on approximately 29.88+/- acres of property located west of U.S. Highway 1 and east of Old Dixie Highway, having Brevard County parcel IDs: 21-35-28-00-520, 21-35-28-00-522.1, 21-35-28-00-535, 21-35-28-00-520.1, 21-35-28-00-539, 21-35-29-00-793, 21-35-29-00-778, and 21-35-28-00-517; providing for severability; providing for repeal of conflicting ordinances; and providing for an effective date.

 

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

 

On February 7, 2024, the Planning and Zoning Commission tabled this item to their meeting on February 21, 2024, 6-0.

 

 

B. Rezoning (REZ) No. 5-2023 – Verona Master Plan (AKA Willow Creek) - Conduct the first reading of Ordinance No. 6-2024 Rezoning (REZ) No. 5-2023 approve the Verona Master Plan (AKA Willow Creek).

 

Ordinance No. 6-2023, an ordinance of the City of Titusville, Florida, amending Ordinance No. 9-2017, by amending the master plan of the Planned Development (PD) zoning district imposed on approximately 638+/- acres of property located west of Grissom Parkway, east of Challenger Parkway (SR 407) and Interstate 95, at the western terminus of Willow Creek Boulevard, having Brevard County Parcel ID Nos. 23-35-09-00-1, 23-35-04-00-2, 23-35-09-yr-*-b.10, and 23-35-10-yi-*-wc.3.; providing for severability; repeal of conflicting ordinances; and providing for an effective date.

 

On February 7, 2024, the Planning and Zoning Commission recommended approval of the requested change with the following condition: (1) A traffic calming design be provided for Village A and Village C to eliminate the long straight a ways in those subdivisions at the time of the submittal of the engineering plans, 5-1. One member was concern with losing industrial/commercial land.

 

 

11. OLD BUSINESS

 

A. Parking Standards – Advisability - Direct staff to draft an ordinance to amend the parking requirements.

 

 

12. NEW BUSINESS

 

A. City Impact Fees Advisability - Staff is requesting approval to proceed with a comprehensive Impact Fees Study, which will recommend an economically and legally supportable set of impact fees to offset the impact of new development on the City. If approved, staff will bring back to City Council a draft Task Order and Scope of Work for

Council's consideration.

 

 

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