Regular City Council - December 8, 2020 6:30 PM

  1. Agenda

CITY OF TITUS VILLE
COUNCIL AGENDA
December 8, 2020
6:30 PM - Council Chamber at City Hall
555 South Washington Avenue, Titusville, FL 32796

In order to help prevent the spread of the COVID-19 (Coronavirus) and to comply with all local, state, and federal laws and guidelines regarding social distancing rules, designated seating shall be provided for the public at City Council and other City Boards meetings. Individual speakers shall, when directed to do so, be given the opportunity to speak on agenda items during the meetings in accordance with City of Titusville policies and Resolution No. 36-2020. No tripods, easels, props, or other demonstrative aids shall be brought into public meetings of Council and City Boards. Speakers are permitted to have a sign with them during their designated speaking time provided that the sign is held by the speaker and is to be removed at the conclusion of their speaking time. Speakers who appear in person will be subject to screening for symptoms of COVI D-19 and any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall or public meetings of Council and City Boards. As an additional method for public participation, the public may submit written comments, via email to city.agenda@titusville.com or by regular mail to City Council's attention at City Hall, 555 South Washington Avenue, Titusville, FL 32796. Written comments must be received by 5:00 p.m. prior to the start of the meeting and include the senders name, address and the subject line must specify the agenda item being addressed. All comments will be disseminated to the Council members and made a part of the public record prior to any action being taken.

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

5.    SPECIAL RECOGNITIONS & PRESENTATIONS

A.    Presentation of the Titusville/Farmton (TIFA), LLC FY 2021 Budget and FY 2022 Pro Forma Projections
No action requested.

6.    BOARDS AND COMMISSIONS

A.    Titusville Environmental Commission
The Titusville Environmental Commission's Semi-Annual Report will be presented. No action is required.

B.    North Brevard County Hospital District Board
Appoint one (1) regular member to the North Brevard County Hospital District Board for a four-year term to expire on December 31, 2024 and confirm one member appointed by the Brevard County Board of County Commissioners to the North Brevard County Hospital District board for a term to expire on December 31, 2020.

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

8.    CONSENT AGENDA

A.    Approve the Purchase of SQL Server Software and Dell Server for the Water Resources SCADA System
Approve the purchase of Microsoft SQL Server Enterprise Core Edition software from SHI - Software House of Somerset, NJ for $102,831.12, approve the purchase of a Dell PowerEdge R440 Server from Dell for $8,011.00, approve a budget transfer of $110,842.12, and authorize the Mayor to execute the contracts upon review and approval by City Attorney.

B.    Titusville/Farmton (TIFA), LLC FY 2021 Budget and FY 2022 Pro Forma Projection
Approve the TIFA, LLC FY 2021 Budget and authorize the Mayor to execute the Consent of Members.

C.    Approve Osprey Water Reclamation Facility Belt Filter Press Rehabilitation
Approve contract to Alfa Laval, Inc. of Richmond, VA in the amount of $67,803.59 at the Osprey Water Reclamation Facility (WRF) for rehabilitation of belt filter press and authorize the Mayor to execute a contract or any necessary purchasing instrument as approved by Purchasing and City Attorney

D.    Resolution No. 39-2020 Adopting the 2020 Brevard Prepares Local Mitigation Strategy Plan
Approve Resolution No. 39-2020 adopting the 2020 Brevard Prepares Local Mitigation Strategy Plan.

E.    Award of Contract for South Carpenter Water Main Extension Project
Approve award of Contract for Bid No. 20-B-030 to Hinterland Group, Inc. of Cocoa, FL for the South Carpenter Water Main Extension Project in the amount of $488,130.00 and authorize the Mayor to execute the contract upon review and approval of contract by City Attorney.

F.    State Contract Award for Purchase of Fisher Scientific ICP-M S Analytical Equipment for Laboratory Services
Approve the use of award of State of Florida Contract 4112¬0000-20-ACS to Fisher Scientific in the amount of $135,081.16 for the purchase of one ICAP RQ inductively coupled plasma mass spectrometer and accessories for Laboratory Services, and authorize the Mayor to approve the execution of the necessary instrument purchase documents.

G.    Engineering Services for Bicycle Improvements Study
Approve the award of Work Order #1 to Kimley-Horn and Associates, Inc in the amount of $84,490.20 to provide engineering consulting services including, but not limited to, review of multiple locations for bicycle improvements and preparation of a presentation to City Council. Additionally, authorize the Mayor to execute the Work Order.

H.    Annual HAPCO Whiteway Pole Agreement
Approve the award of annual contract, with an initial term of one (1) year and four (4) optional one (1) year renewals, to Divita Group, LLC of Kissimmee, FL for the purchase of replacement HAPCO Whiteway lighting poles with the annual authorized amount not to exceed $50,000; and authorize the City Manager to execute the contract.

I.    Amendment to Contract for the Install and Maintenance of Floating Wetlands Islands - Beemats LLC
Approve Amendment 1 to contract SV19B006 between the City and Beemats, LLC of New Smyrna Beach, Florida for the addition of services to be provided at Draa pond and the Osprey pond for the additional contract authorized amount as listed in Exhibit 1 $299,250 which increases the total authorized contract amount to $599,258.50 over the four year period of installation and maintenance, which runs from 2019 to 2023 for the floating wetland islands. This amendment adds two additional ponds and authorize the Mayor to execute this amendment to the contract SV19B006, subject to review and approval by the City Attorney and City Manager. In addition allow Purchase Orders to be issued on an as needed basis not to exceed the authorized contract amount.

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

A.    Ordinance No. 25-2020 Correcting Discrepancies in Zoning Code Use Tables - Primary Uses
Conduct the second reading and second public hearing for Ordinance No. 25-2020 amending the Code Of Ordinances by amending Chapter 28 “Zoning” to correct omissions and inconsistencies between Permitted, Conditional and Limited Uses in Article V “Use Standards” and Article IV “Use Table”, specifically amending Sections 28-54 “Use Table”, 28-73(A) “Live-work unit”, 28-78(A) “Residential/Professional use”, 28¬81(A) “Townhomes”, 28-93(A) “Animal shelter”, 28-99(A) “Bakery, retail”, 28-101 “Bed and breakfast inns”, 28-111(A) “Clothing and shoe stores”, 28-117(A) “Drinking establishments (bar, tavern, lounge), 28-118(A) “Dry cleaner”, 28-122(A) “Financial institutions”, 28-125(A) “Funeral establishment (without crematory), 28-126(A) “Furniture store”, 28-129(C) “Grocery store”, 28-131(A) “Hospitals”, 28-132(A) “Hotel/Motel”, 28-138(A) “Laundromat”, 28-151 “Outdoor storage”, 28-152(A) “Package and parcel delivery services”, 28-156(A) “Personal services”, 28-161(A) “Postal and mailing services”, 28-165(A) “Radio and television sales”, 28-166(A) “Repair and service for small equipment items”, 28-171(A) “Shoe repair”, 28-176(A) “Transient accommodations”, 28¬181(A) “Veterinarian”, 28-201(A) “Bakeries and confectioneries”, 28-202(A) “Bottling plants”, 28-209(A) “Laboratory (research and testing)”, 28-210(A) “Light manufacturing”, 28-218(A) “Retail or wholesale of products manufactured on-site”, 28-220 “Transmission tower”, 28¬222(A) “Warehousing/Wholesale”, 28-223 “Welding, metal working, fabrication”, 28-231(A) “Airpark”, 28-232(A) “Airport”, 28-236(A) “Church”, 28-238(A) “Community centers”, 28-239 “Community service”, 28-242(A) “Family day care homes”, 28¬248(A) “Nursing homes, convalescent homes and extended care facilities”, 28-249(A) “Passenger terminal facilities”, 28¬253(A) “Public utility”, 28-255(A) “Schools (public or private)”, 28-256(A) “Vocational school”, 28-272(A) “Golf course”, 28¬274(A) “Park (public or non-profit)”, 28-275(A) “Recreation and commercial amusement indoor)”, and 28-276(A) “Recreation and commercial amusement (outdoor); providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the final public hearing.)

At their November 18, 2020, the Planning and Zoning Commission, unanimously (6:0), recommended approval as written.

B.    Ordinance No. 26-2020 Correcting Discrepancies in Zoning Code Use Tables - Accessory Uses
Conduct the second reading and second public hearing for Ordinance No. 26-2020 amending the Code of Ordinances by amending Chapter 28 “Zoning” to correct permitted, conditional and limited uses in Article VIII “Accessory Use Standards” to be consistent with Article VII “Accessory Use Table”, specifically amending Sections 28-342 “Accessory use table”, 28-351 “Accessory dwelling unit”, 28-353 “Attached screen porch”, 28¬356 “Clubhouse”, 28-363 “Outdoor display of merchandise”, 28¬367 “Recreation court”, 28-370 “Screen enclosure with screened roof (including pool enclosures)”, and 28-373 “Temporary storage units”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the final public hearing.)

The Planning and Zoning Commission, unanimously (6:0), recommended approval as written.

C.    Ordinance No. 27-2020 - Capital Improvement Element Annual Update (Comprehensive Plan Amendment No. 2-2020)
Conduct the public hearing for Ordinance No. 27-2020 updating the Five Year Capital Improvements Schedule of the Comprehensive Plan of the City of Titusville for the 2021 - 2025 horizon relating to the Capital Improvement Element; and providing for an effective date.

At their December 2, 2020 meeting, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended denial, 6-1. The members requested more transparency with capital improvement planning and that the staff’s report should explain the reason CIP items changes since the CIE in the Comprehensive Plan was adopted in 2018.

D.    Comprehensive Plan Amendment (CPA) Application No. 1-2020 Titusville Mall - TRANSMITTAL
Conduct Transmittal Public Hearing of CPA 1-2020 Comprehensive Plan Map Amendment to change the Future Land Use designation from the Commercial High Intensity to the Urban Mixed Use designation and Comprehensive Plan Amendment to Future Land Use Element Policy 1.11.15, and approve transmittal of the amendments to the State Land Planning Agency (DEO) for review.

 At their meeting on December 2, 2020, the Planning and Zoning Commission, acting as the Local Planning Agency, unanimously recommended transmittal, 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.

E.    Conditional Use Permit (CUP) Application No. 3-2020 T-Mobile Temporary Cell on Wheels (COW) Transmission Tower, 155 South De Leon Avenue
Staff recommends approval of CUP No. 3-2020 to allow a temporary Cell on Wheels (COW) Transmission Tower at 155 South De Leon Avenue with conditions.

At their meeting on December 2, 2020, the Planning and Zoning Commission unanimously recommended approval with conditions as recommended by staff, 7-0.

F.    Request to Vacate an Easement (EAS) Application No. 4¬2020 - 4562 Helena Drive
Conduct the public hearing to consider Easement Vacation Application No. 4-2020 to vacate a portion of the 7.5-foot public utility and drainage easement (P.U.D.E.) on property located at 4562 Helena Drive and approve related Resolution No. 40-2020.

At their meeting on December 2. 2020, the Planning and Zoning Commission unanimously recommended approval, 7-0.

G.    Request to Vacate Right-of-Way (ROW) Application No. 3-2020 Huntington Park
Approve ROW No. 3-2020 to vacate a portion of a 20-foot unimproved road right-of-way with conditions and approve related Resolution No. 41-2020.

The Planning and Zoning Commission considered this request at their November 18, 2020 meeting and unanimously (6:0) recommended approval with conditions as presented by staff.

H.    Request to Vacate Right-of-Way (ROW) Application No. 4-2020 Falcon's Roost 
This item is being withdrawn and will be re-advertised for the January 26, 2021 regular meeting.

10.    ORDINANCES-FIRST READING

A.    Ordinance No. 1-2021 Regarding On-Street Parking
Conduct first reading of Ordinance No. 1-2021 amending the Code Of Ordinances by amending Chapter 30 “Development Options”, Section 30-283 “On-Street Parking Credit” To Allow On-Street Parking To Count Toward Required Parking and consider a resolution amending the Transportation Infrastructure Technical Manual and specifications in support of the Land Development Regulations, by amending Section 9 “Transportation Infrastructure” by amending Sections 9.16 “Number Of Required Parking Spaces” and 9.21.3.8 “On-Street Parking Allowance” to amend language related to on-street parking. (This is the first reading of Ordinance No. XX-2020. The second reading and public hearing is scheduled to be conducted by City Council on January 12, 2021 beginning at 6:30 pm.)

On November 18, 2020, the Planning and Zoning Commission considered the proposed ordinance and unanimously (6:0) recommended approval as written.

11.    OLD BUSINESS

12.    NEW BUSINESS

A.    Advisability - Approval in Concept of a Sanitary Sewer Infrastructure Project and Utilization of City's North Brevard Economic Development Zone's TIF Funding
Provide advisability approving in concept, a sanitary sewer project to be constructed along U.S. 1 south of Cheney Highway, and utilization of up to $2.5 million of the City's NBEDZ TIF funding for design and construction.

B.    Memorandum of Agreement - City of Titusville, the Titusville Community Redevelopment Agency and the Merritt Island Wildlife Association Regarding the Use of the Downtown Welcome Center.

Approve the Memorandum of Agreement (MOA) between the City of Titusville, the Titusville Community Development Agency (CRA) and the Merritt Island Wildlife Association regarding the Merritt Island Wildlife Association temporarily utilizing space in the Downtown Welcome Center.

C.    Verona Subdivision - Sketch Plat Re-Plat
Approve the Sketch Plat for the Re-Plat of Verona Subdivision Phase 1.

At their meeting on December 2, 2020, the Planning and Zoning Commission recommended approval, 6-1. The member that voted against this item did not believe the applicant indicated their intent to St. Johns River Water Management District and the City should not reward the filling in of wetlands. One member that voted in support recommended the applicant incorporate a pocket park and trail to adjacent future parts and trails.

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

14.    MAYOR AND COUNCIL REPORTS

A.    The 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
City Manager's Report is included in the agenda packet.

16.    CITY ATTORNEY’S REPORT