Regular City Council - April 26, 2022 at 6:30 PM

CITY OF TITUSVILLE

COUNCIL AGENDA

April 26, 2022

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

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

6. BOARDS AND COMMISSIONS

 

A. Student Advisory Council Annual Report - The 2021/2022 Student Advisory Council Annual Report, including the recommendations and goals for 2022/2023, will be presented. No action is requested.

 

B. Student Advisory Council Scholarships - Award scholarships to three (3) seniors: Jacob Phillips of Titusville High School, Benjamin Hamilton of the North Brevard Home School Association and Emilee Ellis of Astronaut High School.

 

C. 2022/2023 Student Advisory Council Membership Appointments - Confirm the proposed slate of students as members of the 2022/2023 Student Advisory Council, as appointed by their

respective schools.

 

D. 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. Resolution No. 9-2022 - Commending Outstanding Students from North Brevard Area Schools - Approve Resolution No. 9-2022 commending outstanding students from North Brevard Area Schools for 2021-2022.

 

B. Purchase of a Titrator for Laboratory Services - Approve Metrohm USA, Inc. as a sole-source provider for the purpose of purchasing a Model 916 Ti-Touch Titrator, accessories and service contract in the amount of $27,485.28 for the Laboratory Services Division, and authorize the issuance of a purchase order. In addition, approve the standardization of Metrohm USA, Inc. Ti-Touch Titrator equipment and extension of Vendor of Record status for Metrohm USA, Inc. to include parts, service, and supplies for titration equipment.

 

C. Purchase of Replacement Tow Behind Portable Air Compressor - Approve the purchase of a Doosan 2022 Towable 250 CFM Diesel Driven Air Compressor in the amount of $36,739 from Air Centers of Florida, approve a budget amendment, and authorize the issuance of the purchase order.

 

D. Funding De-Obligation Letter for DEO Grant G0018 - Approve the funding de-obligation letter from the Department of Economic Opportunity (DEO) for Florida Job Growth Grant Fund Award G0018 and authorize the Mayor to sign the letter.

 

E. Participation in the State of Florida Opioid Litigation Settlements - Accept and authorize the City Manager to execute the Settlement Participation Forms and any releases that may be necessary to finalize settlements pursuant to the Settlement Agreements dated March 29, 2022, between the State of Florida and Teva, CVS and Allergan Pharmaceuticals.

 

F. Fiscal Year 2021 Annual Report for the City of Titusville Community Redevelopment Agency - Accept the City of Titusville Community Redevelopment Agency (CRA) Fiscal Year 2021 Annual Report.

 

G. First Amendment to Interlocal Agreement with Brevard County for Hope Hammock Affordable Housing Project - Approve and authorize the execution of the First Amendment to the Interlocal Cooperation Agreement with Brevard County with regard to the affordable housing project located at 550 S. Brown Avenue.

 

H. Sand Point Park Baffle Box Design - Approve the award of work order ISSSW001 to Infrastructure Solutions Inc. in the amount of $52,200 for design of a baffle box in the Sand Point Park Basin and authorize the City Manager to execute said work order.

 

I. Bid Award - Scobie Park Landscape Plantings - Approve the award of bid ITB 22-B-036/RM to Rush Facilities, LLC of Titusville, FL, in the amount of $26,207.16 for Scobie Park Landscape Plantings and authorize issuance of purchase order.

 

J. Florida Forest Service Urban Forestry Grant - Accept the awarded grant from the Florida Forest Service to conduct an Urban Tree Canopy Assessment, authorize the Mayor to execute any instruments necessary for receipt of the grant award, and approve the Budget Amendment in the amount of $17,000 to add funds to the Community Development, Planning Professional Services Account.

 

K. Final Ranking for Award of Professional Engineering Services for the City Marina Dock Repairs, Request for Qualifications (RFQ) #22-Q-034, to Cummins Cederberg, Inc of Jupiter, Florida - Approve the rankings and final recommendation of the top ranked firm responding to RFQ #22-Q-034, Professional Engineering Services for City Marina Dock Repairs; and authorize staff to conduct contract negotiations with the recommended firm. Additionally, authorize the Mayor to execute the subsequent negotiated contract upon review and approval from the City Manager and City Attorney.

 

L. Cross Connection Control Program Services Contract Increase - Increase the approved annual authorized amount for contract #LAKEPLACID_PB_2013_23 with Hydro Designs, Inc. of Melbourne, FL to perform Cross Connection Control Management Services from $140,000 to $200,000 and authorize the Purchasing Department to process change order to increase existing purchase order.

 


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

 

A. Ordinance No. 13-2022 - Marinas and Yacht Basin - Conduct the second reading and final public hearing for Ordinance No. 13-2022 amending the Code of Ordinances related to marinas by amending Sections 28-54 “Use table” and 28-143 “Marina and yacht basin “ to establish marinas and yacht basins as a limited use in the Downtown Mixed Use Uptown and Civic Waterfront sub-districts, and to require appropriate sewage pump-out facilities in marinas servicing boats with on-board facilities, and amending Section 28-324 “Downtown Mixed-Use (DMU) Smart Code” to remove residential mixed-use requirement for marinas; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code.

 

The Planning and Zoning Commission considered this ordinance on April 6, 2022 and unanimously (7-0) recommended approval. The Community Redevelopment Agency considered this ordinance on April 12, 2022 and unanimously (6:0) recommended approval.

 

B. Ordinance No 14-2022 - Car Rental Agencies in Downtown Mixed Use District - Midtown Subdistrict - It is requested that this item be tabled until May 10, 2022 to allow the Community Redevelopment Agency to review and make a recommendation to Council. Ordinance No. 14-2022 amending the Code of Ordinances to permit car rental agencies as a limited use in Downtown Mixed Use District (DMU) – Midtown sub-district by amending Sections 28-54 “Use table” and 28-107 “Car rental agencies”; providing for severability; repeal of conflicting ordinances; an effective date and for incorporation into the code.

 

The Planning and Zoning Commission considered this ordinance on April 6, 2022 and unanimously (7:0) recommended approval, striking the prohibition on the sale of recreational vehicles.


 

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.


 

C. Small Scale Comprehensive Plan Amendment with Rezoning (SSA) #2-2020 - The Cottages - Table the public hearing and second reading of ordinances for Small Scale Comprehensive Plan Amendment (SSA 2-2020) tot the regular City Council meeting on July 26, 2022 at 6:30 p.m. (Staff will also re-advertise the public hearing) Ordinance No. 15-2022 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 designation for approximately 9.7 acres of land located at the southwest corner of Highway U.S. 1 and the Dairy Road intersection with parcel id number 21-35-28-00-279, from the Commercial High Intensity future land use designation to the Residential Medium Density future land use designation; and

 

Ordinance No. 16-2022 amending the zoning map made a part of said ordinance by reference by changing the zoning classification of approximately 15 acres of land located at the southwest corner of the Highway U.S. 1 and Dairy Road intersection with parcel id number 21-35-28-00-279, from the Community Commercial (CC) zoning classification to the Planned Development (PD) zoning classification.

 

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

 

On April 20, 2022 the Planning and Zoning Commission, acting as the Local Planning Agency, considered this request and tabled the item to their second meeting in July, per the Applicant's request.

 

D. Small Scale Comprehensive Plan Amendment (SSA) No. 1-2022 with Annexation (Voluntary Annexation Application No. 1-2022), Correll Palms - This item has been withdrawn by the applicant.

 


E. Small Scale Comprehensive Plan Amendment (SSA) No. 2-2022 - Sisson Townhomes

Conduct the public hearing of Ordinance No. 19-2022 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 11.82 acres +/- of property located west of Sisson Road, parcel I.D. number 22-35-27-AV-*-106, from the Medium Density Residential future land use to the High Density Residential future land use designation; and providing for an effective date; and Ordinance No. 20-2022 amending Ordinance No. 05-1993 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Multifamily Medium Density Residential (R-2) to the Multifamily High Density Residential (R-3) zoning district on approximately 11.82 acres +/- of property located west of Sisson Road, parcel I.D. number 22-

35-27-AV-*-106; and providing for an effective date.

 

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

 

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this item on April 6, 2022 and recommended approval of the FLUM ordinance 6-1 and rezoning with concept plan and max 91 units, 7-0. One member voted against the FLUM ordinance due to potential impact to wellfield and based on staff's recommendation.

 


10. ORDINANCES-FIRST READING

 

A. Small Scale Comprehensive Plan Amendment (SSA) No. 1-2021 Windover at Windsong - Conduct the first reading of ordinances related SSA No. 1-2021 to amend the Future Land Use Map and rezone property located south of State Road 405, just west of Windover Way. The Land Use Amendment is a legislative item and the Rezoning is a quasi-judicial item.

 

Ordinance No. 21-2022 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 13 acres of property located on the south side of Columbia Boulevard (State Road 405) just west of Windover Way, Parcel I.D. Number 22-35-32-00-9, from Conservation and Commercial Low Intensity Future Land Use to Conservation, Commercial Low Intensity and Low-Density Residential Future Land Use Designations; and providing for an effective date; and 

 

Ordinance No. 22-2022 amending Ordinance No. 05-1993 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Community Commercial (CC) and Open Space and Recreation (OR) zoning districts to the Community Commercial (CC), Open Space and Recreation (OR) and Single-Family Medium Density Residential (R-1b) zoning districts on approximately 13 acres +/- of property located on the south side of Columbia Boulevard (State Road 405) just west of Windover Way, Parcel I.D. 22-35-32-00-9; and providing for an effective date.

 

On April 20, 2022, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended denial, 6-1. The reasons provided were that two houses can already be built in the OR zoning district and that they R-1B zoning is too intense and there were concerns about the impact to the trees.

 


11. OLD BUSINESS

 

A. Comprehensive Plan - Adoption Strategy - Approve the strategy to incorporate portions of the draft 2040 Comprehensive Plan into the adopted comprehensive plan.

 

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