Regular City Council - November 10, 2020 6:30 PM

  1. Agenda

CITY OF TITUS VILLE
COUNCIL AGENDA
November 10, 2020
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 August 25, 2020 (6:30 p.m.), September 22, 2020 (6:30 p.m.) and October 13, 2020.

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 required.

B.    Student Advisory Council
Approve temporarily suspending the Titusville Student Advisory Council (TSAC), until Brevard Public Schools can permit their TSAC members to resume attending the TSAC meetings in-person (related to concerns for the Coronavirus). Alternatively, provide direction to staff.

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

8.    CONSENT AGENDA

A.    Award of Proposal for a Historic Booklet and Walking Tour Project
Approve the award of contract to Coherit Associates, LLC in the amount of $30,000 for a Historic Booklet and Walking Tour project and authorize the City Manager to execute the contract with Coherit Associates.

B.    Authorization to Apply for Designation and Inclusion of the Titusville Downtown Connector Trail (Cyclotrail) as Part of the the East Coast Greenway Trail System 
Authorize staff to apply for an East Coast Greenway designation for the Titusville Downtown Connector Trail and its inclusion in the East Coast Greenway Trail System; and authorize the Mayor to sign a letter on behalf of City Council endorsing the designation.

C.    Acceptance of Award - FY20-21 Bullet Proof Vest Grant
Accept Bullet Proof Vest award in the amount of $10,938.75 and associated budget amendment.

D.    Titusville Police Department (TPD) Communication Center Consoles
Approve purchase and installation of eight (8) consoles for Titusville Police Department (TPD) Communication Center from State Contract NASPO #05715 vendor Xybix for the amount not to exceed $37,833.

E.    Resolution No. 34-2020 - Advisability for Right of Way (ROW) Application No. 3-2020
Adopt Resolution No. 34-2020 declaring that the City Council will hold a public hearing to consider the vacating, abandoning, and discontinuing of certain public right-of-way on December 8, 2020 at 6:30 p.m. in the Council Chamber located at 555 South Washington Avenue.

F.    Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. representing Police Officer, Corporal, Sergeant and Dispatcher and the City of Titusville
Approve the Wage Reopener in accordance with Article 38 of the Collective Bargaining Agreement between the FOP and the City of Titusville.

G.    Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. representing Lieutenants and the City of Titusville
Approve the Wage Reopener in accordance with Article 38 of the Collective Bargaining Agreement between the FOP and the City of Titusville.

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

A.    Ordinance No. 23-2020 Related to Home Based Businesses
Conduct the first reading and first public hearing for Ordinance No. 23-2020 amending the Code of Ordinances Chapter 28 “Zoning”, Section 28-360 “Home based business” by amending the list of home based businesses permitted and prohibited within residential areas; by permitting certain home based businesses to have clients on site; by establishing conditions under which such businesses may operate; and by clarifying terminology; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This is the first reading and first public hearing of Ordinance No. 23-2020. The second reading and second public hearing is scheduled for November 24, 2020 at 6:30 p.m.)

On November 4, 2020, the Planning and Zoning Commission, unanimously, recommended approval.

B.    Ordinance No. 24-2020 Regarding Mobile Vendors in Public (P) Zoning
Conduct the first reading and first public hearing of Ordinance No. 24-2020 amending the Code of Ordinances to clarify application requirements for mobile vendors and to permit mobile vendors and special event vendors on lands zoned Public (P) under certain conditions by amending Chapter 11 “Licenses and Business Regulations”, specifically amending Sections 11-332 “Mobile vendors” and 11-340 “Special event vendors”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This is the first reading and first public hearing of Ordinance No. 24¬2020. The second reading and second public hearing is scheduled for November 24, 2020 at 6:30 p.m.)

On November 4, 2020, the Planning and Zoning Commission recommended ...

C.    Ordinance No. 19-2020 Correcting References of Terms and Code Provisions 
Conduct the public hearing for Ordinance No. 19-2020 amending the Code of Ordinances to replace obsolete references of terms and code provisions to insure internal consistency by amending Chapter 5 “Animals”, specifically amending Section 5-105 “Revocation of permit”; Chapter 12 “Miscellaneous Offenses”, specifically amending Section 12¬13 “Restrictions on parking recreational vehicles and other vehicles on public lands at certain times”; Chapter 17 “Streets, sidewalks and certain other public places”, specifically amending Sections 17-1 “Encroachment on public rights-of-way”, 17-33 “Vacating and abandoning streets and alleys” and 17-86 “Underground installation; relocation”; Chapter 21 “Utilities”, specifically Sections 21-1 “Lots served by governmentally owned water/sewer/reclaimed water lines”, 21¬26 “Unauthorized use of city water; injuring waterworks properties and facilities” and 21-66 “Enforcement and penalties”; Chapter 28 “Zoning”, specifically Sections 28-16 “Preexisting conditions” and 28-44 “Sub-districts described”; Chapter 29 “Special districts and overlays”, specifically Section 29-141 “Commercially zoned districts located in low intensity commercial land use categories” and Chapter 30 “Development standards”, specifically Sections 30-382 (c) “Design”, and 34-393 (b) “Applicability of ordinance and resolutions of city to development”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the final public hearing.) 

On October 21, 2020, the Planning and Zoning Commission recommended approval as written, 7-0.

D.    Ordinance No. 20-2020 Removing References to Obsolete Zoning Districts
Conduct the public hearing for Ordinance No. 20-2020 amending the Code of Ordinances to remove references to obsolete zoning districts Commercial Marina (CM) and Central Business District (CBD) by amending Chapter 11 “Licenses and Business Regulations”, specifically amending Sections 11-332 “Mobile vendors”, 11-340 “Special events vendor”, 11-341 “Seasonal sales vendor” and 11-516 “Temporary auto sales and shows”, amending Chapter 27 “General Provisions”, specifically amending Section 27-30 “Additional requirements for zoning districts consistent with Downtown Mixed-Use land use”, amending Chapter 37 “Definitions”, specifically amending Section 37-1 “Definitions” by clarifying the permissible zoning districts; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code.(This is the final public hearing.) On October 21, 2020, the Planning and Zoning Commission unanimously (7:0) recommended approval as written.

E.    Ordinance No. 21-2020 Relating to Site Plan Review Thresholds
Conduct the public hearing for Ordinance No. 21-2020 amending the Code of Ordinances by amending the application classifications for site plans, by amending Chapter 34, “Procedures”, specifically amending Section 34-214 “Application classifications and review schedules”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the final public hearing.)

On October 21, 2020, the Planning and Zoning Commission unanimously (7:0) recommended approval as written.

F.    Ordinance No. 22-2020 Relating to Minimum Lot Size for Townhomes
Conduct the second reading and public hearing of Ordinance No. 22-2020 amending the Code of Ordinances to correct internal inconsistencies and eliminate the minimum five (5) acre lot size for townhomes in multi-family zoning districts by amending Chapter 28 “Zoning”; Section 28-81 “Townhomes”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This is the final public hearing.)

On October 21, 2020, the Planning and Zoning Commission recommended tabling to their next regular meeting. The Commission requested an analysis of all infill lots in the City that would be impacted by the proposed Code Change, 7-0. On November 4, 2020, the Planning and Zoning Commission, unanimously, recommended approval.

10.    ORDINANCES-FIRST READING

11.    OLD BUSINESS

12.    NEW BUSINESS

A.    Agreement with the Merritt Island National Wildlife Refuge U.S. Fish and Wildlife Service and the Merritt Island Wildlife Association to Utilize Space in the Downtown Welcome Center as the Refuge's Temporary Visitor Center

Provide direction to the City Attorney's in drafting a memorandum of understanding between the City, CRA, U.S. Fish and Wildlife Service, and the Merritt Island Wildlife Association to permit the U.S. Fish and Wildlife Service and the Merritt Island Wildlife Association to utilize available space in the Downtown Welcome Center.

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