Regular City Council - October 10, 2023

CITY OF TITUSVILLE

COUNCIL AGENDA

October 10, 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 regular City Council meetings on August 8, 2023 and August 22, 2023 (6:30 p.m.), and special City Council meetings on September 6, 2023 and September 21, 2023.

 

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Reserved for Presentations - There may not be adequate time at the regular City Council meeting scheduled for September 26, 2023 at 5:30 p.m. to hear all the presentations as outlined on the agenda. If necessary, the presentation(s) will be heard at this time during the regular City Council meeting on September 26, 2023 that commences at 6:30 p.m.

 

 

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. Award of Grant for the Project "Joynerville & Beyond: Memorializing and Celebrating Titusville's African American History" - Approve and authorize the Mayor to sign the State of Florida, Department of State, Division of Historical Resources grant agreement #24.h.sm.100.026 to complete "Joynerville & Beyond: Memorializing and Celebrating Titusville's African American History" Project and to approve the attached budget amendment to recognize the proceeds and expenditures of the grant.

 

B. 2024 Medicare Medical and Pharmacy Plan Options for City Retirees for January 1, 2024 through December 31, 2024 - Approve the 2024 Cigna Medicare Supplement and Medicare Part D Prescription Drug Plan renewal for City retirees eligible for Medicare with a 2.5% rate increase for the Cigna Medicare Surround (Supplement Plan N). The renewal is a 2.5% rate increase going from $201.04 PMPM to $206.07; and the PDP (Prescription Drug Plan) for 2024 increases copayments in certain tiers but slightly decreases the rate from $229.54 to $227.49; and approve the 2024 Aetna Medicare Advantage Plan PPO with RX renewal. The renewal for the Aetna Medicare Advantage Plan increases the monthly rate by 3% with minor plan design changes as required by CMS. The rate will go from $371.82 to $383.32.

 

C. Utilization of City of Cocoa contract 21-22-COC with Nils Humberg Enterprises, LLC - dba: Ace Flow Control for Cross Connection Control - Approve the utilization of City of Cocoa's contract with Nils Humberg Enterprises, LLC - dba: Ace Flow Control for Cross Connection Control. In addition, add to the Vendor of Record to be utilized for cross connection control with an estimated annual expenditure not to exceed $200,000, and authorize Mayor to execute the Piggyback Consent agreement once reviewed and approved by the City Attorney and City Manager.

 

D. FY 24 Local Justice Assistance Grant (JAG) - Accept the Local Justice Assistance Grant (JAG) in the amount of $29,574 and approve the associated budget amendment.

 

E. Construction Phase Engineering Services for Spaceview Park Walkway - Approve the use of the engineer of record for Construction Phase Engineering Services for Spaceview Park Walkway by Taylor Engineering in the amount of $95,000. Additionally, approve associated budget amendment and authorize the Mayor to execute the contract.

 

F. Resolution No. 27-2023 Approving Temporary Closure of State Roads for Special Events – Astronaut High School Homecoming Parade, October 12, 2023 - Approve Resolution No. 27-2023 approving the temporary closure of Garden St. beginning at Publix and ending at the bus compound on Dixie Ave., on October 12, 2023, for the Astronaut High School homecoming parade.

 

 

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

 

A. Ordinance No. 47-2023 - Commercial Conditional Use Permits - Conduct the second reading and public hearing of Ordinance No. 47-2023 related to commercial uses currently designated as conditional uses. This is a legislative item.

 

Ordinance No. 47-2023 - An ordinance of the City of Titusville, Florida amending the Code of Ordinances by reclassifying certain commercial uses from conditional uses to permitted or limited uses and amending requirements for such uses by amending Section 28-54 “Use Table”; Section 28-103(a) to allow “Billiards/Pool Hall” as a permitted use in the Regional Commercial (RC) zoning district; amending Section 28-112 to allow “Convenience Store (without retail gasoline sales)” as a limited use in Tourist (T) zoning district and amending conditions in the Tourist (T), Community Commercial (CC), Regional Commercial (RC), Downtown Mixed Use Uptown (DMU-U), Midtown (DMU-M) and Civic Waterfront (C) zoning districts; amending Section 28-123 to allow “Fitness Center” as a permitted use in Hospital Medical (HM), and as a limited use in Neighborhood Commercial (NC) and Office Professional (OP) zoning districts; amending Section 28-132(a) to allow “Hotel/Motel” as a permitted use in Downtown Mixed Use Civic Waterfront zoning district (DMU-C); amending Section 28-147(a) to allow “Movie Theater” as a permitted use in Regional Commercial (RC) and Urban Village (UV) zoning districts; amending Section 28-157(a) to allow “Pet Grooming Services” as a permitted use in Downtown Mixed Use Uptown (DMU-U) zoning district; amending Section 28-167(a) to allow “Restaurants/Caterers” as a permitted use in Downtown Mixed Use Civic Waterfront (DMU-C) zoning district; amending Section 28-168 to allow “Retail Gasoline Sales” as a limited use in Tourist (T), Downtown Mixed Use Midtown (DMU-M) and Downtown Mixed Use Civic Waterfront (DMU-C) zoning districts; amending Section 28-176(a) to allow “Transient Accommodations” as a permitted use in Tourist (T) zoning district; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the second reading and final public hearing.)

 

On September 20, 2023, the Planning and Zoning Commission recommended approval as presented. Motion passed with a 7-0 vote.

 

 

B. Ordinance No. 48-2023 - Florida Live Local Act Ordinance and Resolution No. 25-2023 Conduct the second reading and second public hearing of the ordinance adopting definitions and standards related to developments that qualify under the Live Local Act Chapter 2023-19 Laws of Florida. (This is a legislative item.)

 

Ordinance No. 48-2023 - An Ordinance of the City of Titusville, Florida amending Chapter 29 “Special Districts and Overlays”, Article VIII “Special Land Use Standards” to establish standards and procedures for development of affordable housing projects in Commercial, Industrial and Mixed Use districts pursuant to Section 166.04151, Florida Statutes, as created by Chapter 2023-17, Laws of Florida (Live Local Act of 2023) by creating Division 4 “Affordable Housing”, to include Sections 29-144 “Purpose”, 29-145 “Definitions”, 29-146 “Development Standards” and 29-147 “Expedited Review Process”; providing for severability, repeal of conflicting ordinances, effective date, sunset provisions, and incorporation into the code. (This is the second reading and final public hearing.)

 

Resolution No. 25-2023 may be approved with the adoption of the Ordinance. The Resolution includes procedures related to developments that qualify under the Live Local Act Chapter 2023-19 Laws of Florida.

 

On October 4, 2023, the Planning and Zoning Commission recommended approval of the ordinance and resolution with request for the Commission to continue discussion for possible future recommendations.

 

 

C. Ordinance No. 49-2023 - Industrial Conditional Use Permits - Conduct the first reading and public hearing of Ordinance No. 49-2023 related to industrial uses currently designated as conditional uses. This is a legislative item.

 

Ordinance No. 49-2023 - An ordinance of the City of Titusville, Florida amending the Code of Ordinances by reclassifying certain industrial uses from conditional uses to permitted or

limited uses by amending Section 28-54 “Use Table”; Section 28-209 to allow “Laboratory (research and testing)” as a permitted use in Hospital Medical (HM) and Light Industrial Services (M-1) zoning districts; amending Section 28-214 to allow “Mini[1]Warehouse” as a limited use in Highway Industry Infill (M-3), Downtown Mixed Use Midtown (DMU-M), and Regional Mixed Use Industrial Park (RMU-500) zoning districts; and amending Section 28-222 to allow “Warehousing/Wholesale” as a limited use in Highway Industrial Infill (M-3) zoning district; providing for severability, repeal of conflicting ordinances, incorporation into the code, and an effective date. (This is the first reading and first public hearing. The second reading and final public hearing is scheduled for the regular City Council meeting on October 24, 2023 at 6:30 p.m.)

 

On October 4, 2023, the Planning and Zoning Commission recommended approval with the following change. Maintain the CUP requirement for the laboratory, mini-warehouse and warehouse/wholesale uses if located within 500-feet of a residential use.

 

 

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. Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 Lieberman Multifamily and Rezoning on State Road 405 (South Street) with Concept Plan - Conduct the public hearing of ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 with Rezoning with Concept Plan.

 

Ordinance No. 42-2023 of the City of Titusville, Florida, 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 map, by changing the land use designation on approximately 6.65+/- acres of property located east of South Street (SR 405) and across from Swan Lake Drive, having Brevard County Parcel ID Nos 22-35-08-00-2 and 22-35-08-00-257, from the Conservation and High Density Residential future land use designations to the High Density Residential future land use designation; and providing for an effective date. This is a legislative item.

 

Ordinance No. 43-2023 amending Ordinance No. 5-1993 of the City Of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Open Space and Recreation (OR) and Multifamily High Density Residential (R-3) zoning districts to the Multifamily High Density Residential (R-3) zoning district on approximately 6.65+/- acres of property located east of South Street (SR 405) and across from Swan Lake Drive, having Brevard County Parcel ID Nos 22-35-08-00-2 and 22-35-08-00-257; and providing for an effective date. This is a quasi-judicial item.

 

The applicant requested to table the public hearing at a previous meeting. On September 12, 2023, City Council tabled this item to the regular City Council meeting on October 10, 2023. The hearing was re-advertised.

 

At their meeting on August 16, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval of SSA No. 1-2023 to amend the future land use and the rezoning with the following two conditions: (1) That the 109.02 acres of wetlands be set aside as a conservation easement and (2) That the 5.24 acres being developed be reduced down to 4.99 acres. Motion approved with a 6 yes, 1 no vote. Member Moscoso voted no based on inconsistency with Comp Plan Policy 1.6.3.2 and the South Street Plan from 2016.

 

 

10. ORDINANCES-FIRST READING

 

 

11. OLD BUSINESS

 

A. Consideration of Motion to Rescind the denial of SSA 5-2022 and related rezoning request (Ordinance No.'s 17-2022 & 18-2022) pursuant to the Approved Mediated Settlement Agreement in the matter of Gregory J. Nelson, Petitioner, v. City of Titusville, Florida, Respondent, re: Small Scale Amendment (SSA) No. 5-2022 - City Council to consider a Motion to Rescind denial of SSA No. 5-2022, Ordinance No. 17-2022 and the denial of rezoning request Ordinance No. 18-2022.

 

 

12. NEW BUSINESS

 

 

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