Regular City Council - July 13, 2021

 

CITY OF TITUSVILLE

CITY COUNCIL AGENDA

 

TUESDAY, JULY 13, 2021

6:30 PM – COUNCIL CHAMBER

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 April 27, 2021 (6:30 p.m.), May 25, 2021 (6:30 p.m.) and June 8, 2021.

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

6. BOARDS AND COMMISSIONS

 

A. Titusville Environmental Commission (TEC) Recommendation Related to Low Impact Development Presentations - Provide direction regarding the TEC recommendation to invite speakers from the Marine Resources Council and St. Johns River Water Management District to provide information about Low Impact Development.

 

B. Titusville Environmental Commission - Accept the resignation of Regular Member Bryan Bobbitt of the Titusville Environmental Commission with an unexpired term to expire on November 30, 2021. His resignation was effective on June 8, 2021. Additionally, appoint one regular member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2021. If an alternate member is appointed as a regular member, appoint one alternate member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2023.

 

C. Historic Preservation Board Semi-Annual Report - The Historic Preservation Board's semi-annual written report is included in the agenda packet. No action is required.

 

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

 

8. CONSENT AGENDA

 

A. Resolution No. 21-2021 - Community Development Fee Resolution - Adopt the proposed fee Resolution No. 21-2021 for Community Development fees.

 

B. Memorandum of Understanding/Working Agreement between The Florida Department of Children and Families and Titusville Police Department - Authorize the City Manager and Chief of Police to execute the Memorandum of Understanding between the Florida Department of Children and Families and the City of Titusville on behalf of the Titusville Police Department.

 

C. Solid Waste Routing Software and Implementation Services - Approve award of Solid Waste Routing Software and Implementation Services (RFP#21-P-028) to C2Logix, Inc. of Clearwater, Florida in the total amount of $178,089 over 5 years. Authorize the Mayor to execute the contract upon satisfaction of terms and conditions through review of the City Manager and City Attorney. Additionally, approve associated budget amendment in the amount of $75,189 for the implementation.

 

D. Annual Pilot Club Mini Grant - Accept the annual Pilot Club Mini Grant in the amount of $250 for the purchase of bicycle helmets.

 

E. Public Tax Deed Auction on July 22, 2021 for Sun Valley parcel Lot 25 Block 70 - Consent to give City Attorney authority to bid at the public auction on Sun Valley property Lot 25 Block 70 which property is contiguous to other Sun Valley properties purchased by the City for its wellfield protection.

 

F. Stormwater Cured in Place Pipe (CIPP) Liner - Approve work order #2 in the amount of $372,550 to Hinterland Group, Inc. of Cocoa, Florida to furnish and install Cure In-Place Pipe (CIPP) Liner for stormwater pipes in various areas of the City. Additionally, approve the associated budget amendments, increase the annual authorized contract amount, and authorize the Mayor to execute the work order.

 

G. Purchase of Vehicles - Public Works - Approve the use of Florida Sheriffs Association Cooperative Purchasing Program to purchase the budgeted vehicle replacements Z02136, and Z02137 to Nextran Truck Center Orlando, Florida in the total amount of $860,112 for the purchase of three vehicles. Additionally, approve the associated budget amendment transferring funds to capital outlay projects Z02136 and Zo2137 for this purchase and authorize use of necessary purchasing instrument via contract to be executed by the Mayor upon review and approval by City Manager, City Attorney, and City Staff and/or purchase order.

 

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

 

A. Ordinance No. 15-2021 Relating to Breweries - Conduct the second and final public hearing on Ordinance No. 15-2021 amending Chapter 28 “Zoning” of the Land Development Regulations to add craft brewery/craft distillery as a permitted use with limitations in the Tourist (T), Community Commercial (CC), Downtown Mixed Use (DMU), Shoreline Mixed Use (SMU), Regional Mixed Use (RMU) and Urban Village (UVv) zoning districts, amending the permitted use with limitations to require a conditional use permit in the Urban Mixed Use (UMU) zoning district, and amending the definition and standards of craft brewery/craft distillery and removing microbrewery as a permitted use with limitations in the Downtown Mixed Use (DMU) zoning district; specifically amending Section 28-54 “Use table”, Section 28-204 “Craft brewery/craft distillery” and deleting Section 28-213 “Microbrewery”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code.

 

The Planning and Zoning Commission (P&Z) considered this ordinance on June 2, 2021 and unanimously (7:0) recommended approval with the following recommendation to change any zoning category that allows residential uses to require a conditional use where the proposed brewpub is within 100 feet of a residential use, otherwise the brewpub use shall be permitted as a limited use.

 

B. Ordinance No. 16-2021 Grease Interceptors - Conduct the second reading and public hearing of Ordinance No. 16-2021 amending the Code of Ordinances to amend Chapter 21, Article III, Division 8, "Grease Interceptors" of the Code of Ordinances to provide flexibility to existing facilities requiring a grease interceptor; by amending section 21-240(a) (1), 21-240(a)(2), 21-240(c)(2), 21-240(c)(3), and deleting section 21-240(c)(1); providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the Code.

 

C. Transmittal of Vision Based Comprehensive Plan Amendment Application No. 1-2021 - Conduct the Public Hearing and approve Transmittal of the draft 2040 Vision Based Comprehensive Plan to the State Land Planning Agency (FL Dept of Economic Opportunity) for review (Comprehensive Plan Amendment Application No. 1-2021).

 

The P&Z recommend to City Council approval to proceed with transmittal of the 2040 draft Comp Plan with all past comments from current and previous P&Z Commission members, with current comments from P&Z Commission members and past and present comments from citizens that have been provided. (Approved 6 yes, 1 no vote). Member Rice said he has not had enough time to review the document and cannot support it at this time.

 

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. Right of Way (ROW) No. 1-2021 Riverside Drive – River Palms Condominiums - Approve ROW No. 1-2021 to vacate a portion of Riverside Drive with conditions and adopt related Resolution No. 22-2021.

 

The Planning and Zoning Commission considered this request at their July 7, 2021 regular meeting and tabled in order to send notices to all residents of Indian River Avenue and Riveredge Drive. Motion passed 6-0 with one member abstaining.

 

E. Conditional Use Permit (CUP) No. 1-2021 Kennedy Point Marina - Approve Conditional Use Permit No.1-2021 to expand the operation of a marina with additional improvements subject to site plan approval, to allow outdoor recreation and commercial amusement (boat rental), on property located at 4749 S. Washington Avenue with conditions.

 

The Planning and Zoning Commission considered this item during their July 7, 2021 regular meeting and recommended approval as recommended by staff. Motion carried 5-2.

 

F. Conditional Use Permit (CUP) No. 2-2021, 4005-3945 Capron Road - Approve Conditional Use Permit No. 2-2021 to allow a warehousing and wholesale use to be located at 4005 and 3945 Capron Road.with one condition.

 

The Planning and Zoning Commission considered this item during their July 7, 2021 regular meeting and recommended approval as recommended by staff. Motion carried 7-0.

 

G. Conditional Use Permit (CUP) No. 3-2021 - 1450 Harrison Street, Grove Church School - Approve Conditional Use Permit No. 3-2021 to allow the operation of a preschool (childcare facility use) within the existing church located at 1450 Harrison Street with conditions.

 

The Planning and Zoning Commission considered this item during their July 7, 2021 regular meeting and recommended approval as recommended by staff. Motion carried 7-0.

 

10. ORDINANCES-FIRST READING

 

11. OLD BUSINESS

 

12. NEW BUSINESS

 

A. Planning and Zoning Commission Request – Advisability Regarding Outdoor Seating and Outdoor Entertainment - Provide direction regarding the Planning and Zoning Commission's request to approve advisability to review outdoor seating and outdoor entertainment code provisions.

 

B. Utilization of American Rescue Plan Act (ARPA) Funds - Council provide guidance on initial utilization of ARPA Funds.

 

C. American Rescue Plan Act - Farmers Market - Approve the proposed American Rescue Plan Act – Farmers Market program and drafting a contract with the Greater Titusville Chamber of Commerce to operate the Program.

 

D. American Rescue Plan Act (ARPA) COVID-19 Community Assistance Programs Implementation - Approve the implementation of the COVID-19 community assistance programs provided under the American Rescue Plan Act through the Neighborhood Services Department.

 

E. Verona, Village D - Sketch Plat - Approve the Sketch Plat for Verona, Village D, a proposed 77-lot single-family home subdivision on approximately 121.3 acres located west of Willow Creek Boulevard and north of Verona, Phase 1 subdivision.

 

The Planning and Zoning Commission reviewed the sketch plat at their regular meeting on July 7, 2021 and recommended approval as recommended by staff. Motion carried 6-1.

 

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

ITEMS)

 

14. MAYOR AND COUNCIL REPORTS

A. Mayor's Report - The Mayors 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

 

A. Increase in hourly rate for legal representation by Jeffrey Mandel and the Firm of Fisher & Phillips effective October 1, 2021 - Authorize Council to approve Attorney Jeffrey Mandel and the firm of Fisher & Phillips' increase in hourly rate for legal services on behalf of the City.

 

B. Engagement Letter from Attorney Thomas A. Cloud of GrayRobinson, P.A. - Authorize approval of the Engagement Letter of Representation from Attorney Thomas A. Cloud of GrayRobinson, P.A.

 

C. Purdue Pharma L.P. et al, Chapter 11 Bankruptcy Ballot for Voting to accept or reject debtor's amended Chapter 11 Plan - Authorize City Attorney to vote to accept Debtor's Fifth Amended Joint Chapter 11 Plan of Reorganization of Purdue Pharma L.P. and its affiliated debtors.