Regular City Council - November 14, 2023

CITY OF TITUSVILLE

COUNCIL AGENDA

November 14, 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 September 26, 2023 (6:30 p.m.) and October 24, 2023 (5:30 p.m.).

 

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. St. Johns River Water Management District Video - Osprey Nutrient Removal Upgrades - A St. Johns River Water Management District Video – Osprey Nutrient Removal Upgrades will be provided. No action is requested.

 

 

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 requested.

 

 

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

 

 

8. CONSENT AGENDA

 

A. Resolution No. 30-2023, Amending Resolution No. 35-2010 Relating to the Registration Fee for Vacant Properties with Mortgages in Default - Approve the Resolution No. 30-2023 amending Resolution No. 35-2010 relating to the registration fee for vacant properties with mortgages in default.

 

B. Acceptance of Award FY24 Bullet Proof Vest Grant - Accept the Bullet Proof Vest Grant Award in the amount of $12,150 and approve the associated budget amendment.

 

C. Titusville Resort and Destination Low Impact Development (LID) Maintenance Covenants - Approve the Low Impact Development (LID) Maintenance Covenants for the Titusville Resort and Destination site plan.

 

D. Right of Way Vacate (ROW) Vacation Application No. 3-2020 - Extension Request

Approve Resolution No. 31-2023 amending Resolution No. 41-2020 to extend the expiration date for the right of way vacation (ROW No. 3-2020 - Huntington Park) an additional three-hundred sixty-five (365) days.

 

E. Task Order #MHTO002 for Blue Heron and Osprey Permit Renewals - Approve the award of Task Order # MHTO002 to Mead and Hunt in the amount of $108,848 to provide engineering consulting services including, but not limited to, the permit applications for the Osprey and Blue Heron facilities, Capacity Analysis Reports for both plants, Reclaimed water feasibility study for both plants, biosolids storage plans for both plants and operations and maintenance performance reports for both plants, and authorize the City Mayor to execute the Task Order.

 

F. Award of Contract for Bid No. 23-B-051 for the Barna Elevated Storage Tank Demolition - Approve award of a contract for Bid No. 23-B-051 to Total Wrecking and Environmental of Buffalo, NY for the demolition of the Barna Elevated Storage Tank in the amount of $119,673 and authorize the City Mayor to execute the contract.

 

G. Purchase of Equipment - Public Works - Approve the use of Florida Sheriff's Association Cooperative Purchasing Program, Contract # FSA23-VEH21.0 Heavy Trucks to purchase of 5 budgeted vehicles to Nextran Truck Center of Orlando, Florida in the total amount of $1,370,559.46 for the purchase of two (2) 18 Cubic Yard Dump Trucks with aluminum dump bodies, a 12 Cubic Yard Dump Truck with steel dump body, a Solid Waste Front End Loader and a Solid Waste Automated Sideloader. Additionally, approve associated budget amendments to increase financed amount to match actual purchase prices.

 

H. Fire Department Budget Transfer Request - Approve request to transfer $2,500 from the Car Seat Donations Restricted Fund Balance Account into the Fire Department operating budget (001-0901-552-5201GF2104) to purchase needed supplies for the public education and child occupant protection programs. Purchase will include 36 child passenger seats. Approve the associated budget amendment.

 

I. Brevard Emergency Management P25 one time upgrade invoice - Approve one-time payment for Brevard Emergency Management P25 upgrade in the amount of $137,436.50 and approve the associated budget amendment.

 

J. Task Order for Construction Engineering Services for the Osprey Influent Screen Project - Approve the award of Task Order #CDMTO001 to CDM Smith, Inc. in the amount of $86,350 to provide engineering consulting services including, but not limited to, construction services for the replacement of the influent screen at the Osprey Wastewater Reclamation Facility, and authorize the City Mayor to execute the Task Order.

 

K. Change Order - ARPA FY23 Slip Lining and Manhole/Lift Station Rehabilitation - Approve the change order #1 to Instituform Technologies, LLC of Chesterfield, MO for the installation of additional slip lining and the construction of manhole/lift station rehabilitations within 3 additional basins of the Osprey Water Reclamation Facility Service Area in the amount of $886,942.81, contract #CN23B035/LR. Additionally, authorize the City Manager to execute the change order and approve associated budget amendment.

 

L. Legal Services of bond counsel, Rhonda Bond-Collins, Esq., of the Bryant, Miller, Olive Law Firm - Accept and approve the Engagement Letter from bond counsel Rhonda Bond-Collins, Esq., of the Bryant, Miller, Olive Law Firm and authorize the Mayor or City Manager to sign the Engagement Letter.

 

 

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

 

A. 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. On November 8, 2023, the Planning and Zoning Commission recommended denial of both the ordinance and resolution with the recommendation to City Council to assemble a sub-committee with a Planning and Zoning Commission Member, City Staff, Attorney, and Citizens from the public to work together to revise the ordinance and resolution. Approved 7-0.

 

 

B. Ordinance No. 50-2023 - Wireless in the Right of Way - The staff requests that this item be tabled to the regular City Council meeting on December 12, 2023.

 

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 final public hearing.)

 

 

C. Ordinance No. 51-2023 - Accessory Dwelling Unit Ordinance - Conduct the second reading and the final public hearing of Ordinance No. 51-2023 Accessory Dwelling Unit. This is a legislative item.

 

Ordinance No. 51-2023 - An ordinance of the City of Titusville, Florida, amending the Code of Ordinances related to standards for accessory dwelling units by amending Chapter 28 “Zoning” Section 28-351 “Accessory Dwelling Unit”; providing for severability, repeal of conflicting ordinances; an effective date; and incorporation into the code of ordinances. (This is the second reading and final public hearing.)

 

On October 18, 2023, the Planning and Zoning Commission recommended approval of the Accessory Dwelling Units Ordinance as presented with the change to Section 28-351 C 1 (E) to have a minimum of 300 square feet and a maximum of 950 square feet, the 35% stays the same. Approved 7-0.

 

 

D. Ordinance No. 55-2023 - to allow Assisted Living Facility in the Urban Village (UV) zoning district - Conduct the first reading and the first public hearing of Ordinance No. 55-2023 to allow Assisted Living Facility in the Urban Village (UV) zoning district. This is a legislative item.

 

Ordinance No. 55-2023 - An Ordinance of the City of Titusville, Florida, amending the Code of Ordinances to establish assisted living facility as a permitted use with limitations in the Urban Village (UV) zoning district by amending Sections 28-54 “Use Table” and 28-72 “Assisted Living Facility”; providing for severability; repeal of conflicting ordinances, incorporation into the code and effective date.

 

(This is the first reading and the first public hearing. The second reading and final public hearing is scheduled for the regular meeting on November 28, 2023 at 6:30 p.m.)

 

On November 8, 2023, The Planning and Zoning Commission recommended approval, 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. Small Scale Comprehensive Plan Amendment (SSA) No. 5-2022, Greg Nelson – Rehearing - Conduct the second reading and public hearing of the ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 5-2022, and consider the proposed conditions provided within the Settlement Agreement.

 

Ordinance No. 17-2023 - 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 a 3.31+/- acre portion of property located southeast of Interstate 95 and State Road 406 (Garden Street) interchange, having Brevard County Parcel I.D. No. 21-35-31-at-1-14 and 21-35-31-at-16-1, from Conservation future land use designation to the Commercial High Intensity future land use designation; and 

 

Ordinance No. 18-2023 - amending Ordinance No. 27-1997 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) zoning district to the Regional Commercial (RC) zoning district on a 3.31+/- acre portion of property located southeast of Interstate 95 and State Road 406 (Garden Street) interchange, having Brevard County Parcel I.D. No. 21-35-31-at-1-14 and 21-35-31-at-16-1.

 

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

 

(At the regular City Council meeting on October 10, 2023, there was a motion to rescind the denial from a previous City Council meeting. This is the final public hearing.)

 

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on March 8, 2023 and recommended approval of the comprehensive plan future land use map amendment from the Conservation Land Use to the Commercial High Intensity Land Use category on the portion of the overall property as illustrated and described in the land use ordinance and as consistent with the Comprehensive Plan and more specifically with Conservation Element Strategy 1.6.3.2. (Approved 7-0) and recommended approval on the rezoning from Open Space and Recreation (OR) to the Regional Commercial (RC) zoning district on the portion of the overall property as described in the rezoning ordinance and as consistent with the Commercial High Intensity Future Land Use category of the Comprehensive Plan and rezoning criteria described in 34-40 of the Land Development Regulations. (Approved 7-0).

 

 

 

10. ORDINANCES-FIRST READING

 

A. Comprehensive Plan Small Scale Amendment (SSA) No. 7-2023 TRG Self Storage with Annexation - Conduct the first reading of ordinances for Small Scale Comprehensive Plan Amendment (SSA 7-2023) with Rezoning and Annexation.

 

Ordinance No. 52-2023 - An Ordinance of the City of Titusville, Florida, amending Section 7, Chapter 63-2001, Laws of Florida, special acts of 1963, by annexing certain property located west of south street (State Road 405) and east of Interstate-95 having parcel id numbers: 22-35-19-av-*-33.01, 22-35-19-av-*-34.01, and 22-35-19-av-*-63 to be included within the City limits; providing for severability; providing for repeal of conflicting ordinances; and providing for an effective date. This is a legislative item.

 

Ordinance No. 53-2023 - An ordinance 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 8.93+/- acres of property located west of south street (State Road 405) and east of Interstate-95, having Brevard County parcel id numbers: 22-35-19-av-*-33.01, 22-35-19-av-*-34.01, and 22-35-19-av-*-63, from Industrial (Brevard County) future land use designation to the Industrial (City of Titusville) future land use designation; providing for severability; providing for repeal of conflicting ordinances; and providing for an effective date. This is a legislative item.

 

Ordinance No. 54-2023 - An Ordinance of the City of Titusville, Florida, 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 IU Industrial Light (Brevard County) and IU-1 Industrial Heavy (Brevard County) zoning district to the Light Industrial and Warehousing (M-1) zoning district on approximately 8.93+/- acres of property located west of south street (State Road 405) and east of Interstate-95, having Brevard County parcel id numbers: 22-35-19-av-*-33.01, 22-35-19-av-*-34.01, and 22-35-19-av-*-63; providing for severability; providing for repeal of conflicting ordinances; and providing for an effective date. This is a quasijudicial item.

 

This is the first reading, The second reading and public hearing is scheduled for the regular City Council meeting on November 28, 2023 at 6:30 p.m. As an alternative, the City could request that the applicant propose a more intense zoning district without a concept plan. Public hearings will need to be advertised for a revised request.

 

On November 8, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval of the annexation, the amending of the comprehensive plan future land use map to Industrial, and the rezoning from Brevard county IU-1 Industrial Heavy to the city’s Light Industrial and Warehousing M-1 zoning district. Annexation – Approved 5 yes, 2 no; Amend Comprehensive Future Land Use Map – Approved 7-0; Rezoning – Approved 6 yes, 1 no. Member Rogers and Member Moscoso voted no because of adding more Commercial and Industrial to the city and the impact it has on the Live Local Act status and also losing Heavy Industrial that might bring in more jobs then what is proposed.

 

 

11. OLD BUSINESS

 

 

12. NEW BUSINESS

 

A. Brooks Landing, Phase 1 - Re-Plat - Approve the re-plat for Brooks Landing, Phase 1 Subdivision.

 

On November 8, 2023, the Planning and Zoning Commission recommended approval, 7-0.

 

 

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. No action is requested.

 

 

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

 

A. Status of the U.S. Dollar LIBOR based instruments Settlements - Advise Council of the status of this litigation and to acknowledge that no further action is required and the City will not need to file an additional proof of claim since there is no additional or supplemental information to submit.