Regular City Council - December 13, 2022

CITY OF TITUSVILLE

COUNCIL AGENDA

December 13, 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

 

A. Minutes - Approve the minutes of the regular City Council meeting on November 22, 2022 (6:30 p.m.) and special City Council meetings on November 22, 2022 (10:30 a.m. Last Regular Meeting) and November 22, 2022 (11:00 a.m. – Organizational Meeting).

 

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Presentation of the Titusville/Farmton (TIFA), LLC FY 2023 Budget and FY 2024 Pro Forma Projections - There will be a presentation of the Titusville/Farmton (TIFA), LLC FY 2023 Budget and FY 2024 Pro Forma Projections. No action is requested.

 

 

6. BOARDS AND COMMISSIONS

 

 

7. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-GENDA

ITEMS)

 

 

8. CONSENT AGENDA

 

A. Titusville/Farmton (TIFA), LLC FY 2023 Budget and FY 2024 Pro Forma Projections - Approve the TIFA, LLC FY 2023 Budget and authorize the Mayor to execute the Consent of Members.

 

B. Mobile Food Vendors Advisability - Consider directing staff to draft amendments to the Code of Ordinances Chapter 11 Licenses and Business  Regulations, specifically related to Mobile Food Vendors to be consistent with the Florida Statutes.

 

C. Area III Wellfield Electrical Upgrade Project – Contract Addendum 1 - Approve Addendum 1 to modify the contract between the City of Titusville and Eau Gallie Electric, Inc. for the Area III Wellfield Electrical Upgrade Project to include provisions allowing the use of federal assistance under the American Rescue Plan Act (ARPA).

 

D. Time Extension of Lease Acquisition of Two Street Sweepers - Acknowledge a scrivener's error for the lease acquisition of two new street sweepers from Environmental Products of Florida for $458,880 per the lease agreement and budget. This was originally approved for $448,880 on September 28, 2021. Both the Bank and the City have this correctly recorded on the books. Approve time extension of lease acquisition due to supply chain disruptions delaying the receipt of equipment.

 

E. Cancellation of Agreement with North Brevard Charities Sharing Center, Inc. for property located at 504 Roderick A. Harris, Sr. Avenue  - Approve the cancellation of agreements and the conveyance of title for property located at 504 Roderick A. Harris, Sr Avenue.

 

F. Work Order for Fuel Tank Design and Site Planning - Approve Work Order #AECOMWR024 to AECOM Technical Services Inc in the amount of $445,659 to provide Architectural and Engineering Consulting Services for the replacement of the fleet fuel tanks and master site planning for the Public Works Complex and approve for the Mayor to execute the work order upon review of the City Manager and City Attorney.

 

G. Amendment No. 1 to Contract for Engineering Design and Modeling Services for the Bayview Seminole Lift Station Project - Approve the award of Work Order # CDMWR011 Amendment 1 to CDM Smith, Inc. in the amount of $36,235.20 to provide engineering consulting services to update and review the City’s hydraulic model of the Seminole, Bayview, and Titusville High School Lift Stations (LS) for current and future needs and authorize the City Manager to execute the work order.

 

H. Change Order #11 to Contract #CN20-B-044 with Wharton-Smith, Inc for Additional Grit Removal - Approve Change Order #11 in the amount of $84,156.14 to contract #CN20-B-044 with Wharton-Smith, Inc to include work for the removal of additional tonnage of grit, extending the contract time by 6 days, and authorizing the Mayor to execute the change order.

 

I. Summerwood Villas - Third Amendment to Declaration of Covenants, Conditions and Restrictions - Approve the third amendment to the Summerwood Villas Declaration of Covenants, Conditions and Restrictions.

 

J. Participation in the State of Florida Opioid Litigation Settlement with Walmart - Accept and authorize the City Manager to execute the Subdivision Settlement Participation Form and any releases that may be necessary to finalize settlement pursuant to the Settlement Agreement dated October 19, 2022, between the State of Florida and Walmart.

 

K. Emergency Purchase of Two Effluent Pump Motors for the Blue Heron Water Reclamation Facility (WRF) - Approve the award of the emergency purchase of two effluent motors for the Blue Heron WRF to Environmental Equipment Sales of Lakeland, FL in the amount of $42,071 and authorize issuance of the purchase order.

 

L. Purchase of Spare Aeration Equipment for Blue Heron Water Reclamation Facility - Approve the purchase of one 60HP aerator motor and one 15HP blower from Aeration Industries International, LLC of Chaska, MN in the amount of $35,000, add Aeration Industries International to the Vendor of Record List, and authorize the City Manager to execute all the necessary instruments for this purchase.

 

 


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

 

A. Ordinance No. 38-2022 - Site Development Permit Expiration - Conduct the second reading and public hearing of Ordinance No. 38-2022 amending the Land Development Regulations relating to subdivision and site plan timeframes; specifically amending Section 34-161 “Definition”, Section 34-172 “Procedure” and Section 34-217 “Timeframes” to extend the timeframe for submittal of a preliminary plat, final plat and site plan; providing for severability, and repeal of conflicting ordinances.

 

The Planning and Zoning Commission approved with the following amendments: A three year expiration plus two year extension by City Council and all construction details to be followed at the time of permitting, 7-0.

 


B. Ordinance No. 39-2022 - Comprehensive Plan Capital Improvement Element Annual Update - Conduct the second reading and public hearing of Ordinance No. 39-2022 to update the Five-Year Capital Improvements Schedule of the Comprehensive Plan of the City of Titusville for the 2023 - 2027 horizon relating to the Capital Improvement Element; and providing for an effective date.

 

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.

 


C. Rezoning Application (REZ) No. 2-2022 Skyline - Conduct the second reading and public hearing of Ordinance No. 40-2022 amending Ordinance No. 5-1993 for the City of Titusville, Florida by amending the zoning map made a part of said ordinance by reference by also amending Ordinance No. 30-2004 by amending the Residential Density for parcels located on the South side of Parrish Road and on the West side of North Singleton Avenue, approximately 74 acres in size, having parcel id numbers 21-35-19-00-750 & 21-35-19-00-751.

 

The Planning and Zoning Commission recommended approval, 7-0.

 

 

10. ORDINANCES-FIRST READING

 

A. Ordinance No. 4-2023 - Amending the Code of Ordinances, Section 2-29, 2-87, and 2-181 - Conduct the first reading of Ordinance No. 4-2023 amending Chapter 2, Administration, Article II, City Council, Section 2-29, Execution of certain legal instruments, amending Article IV, Officers and Employees, Section 2-87, Budget preparation and administration, amending Article V, Financial Matters, Division 2, Local Preference Purchasing, Section 2-181, Purchases restricted, to clarify and provide uniform language, granting additional authority to the City Manager, and increase the bidding threshold. (This is the first reading. The second reading and public hearing is scheduled for the regular City Council meeting on January 10, 2023 at 6:30 p.m.).

 


B. Small Scale Comprehensive Plan Amendment (SSA) Application No. 7-2022 with Annexation, Diamond Oaks - Conduct First Reading of SSA #7-2022 and related 

 

Ordinance No. 1-2023 amending Section 7, Chapter 63-2001, Laws of Florida, Special Acts of 1963, by annexing certain property located at 3080 Diamond Rd, having Brevard County Parcel I.D. No. 21-35-29-00-253 to be included within the city limits;

 

and

 

Ordinance 2-2023 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 approximately 4.63 acres of property located at 3080 Diamond Rd, having Brevard County Parcel I.D. No. 21-35-29-00-253, from Residential-4 future land use (Brevard County) designation to Medium Density Residential future land use designation;

 

and

 

Ordinance No. 3-2023 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 Single-Family Residential, RU-1-11 (Brevard County) zoning district to the Single-Family High Density (R-1C) zoning district on approximately 4.63 acres of property located at 3080 diamond road.

 

The Planning and Zoning Commission, acting as the Local Planning Agency, recommended denial of all three ordinances, 7-0.

 

 

11. OLD BUSINESS

 

 

12. NEW BUSINESS

 

A. Adoption of SHIP Housing Incentive Plan 2023 - Approve the Affordable Housing Advisory Committee (AHAC) 2023 SHIP Housing Incentive Plan, for affordable housing.

 

B. Award of Contract for Bid No. 22-B-058 for Construction of the Indian River Sewage Force Main Project - Approve award of a Contract for Bid No. 22-B-058 to Young's Communication, LLC of Melbourne, FL for construction of the Indian River Sewage Force Main Project in the amount of $8,931,860, approve the attached budget amendment recognizing the approved increase in the State Revolving Fund (SRF) Loan, and authorize the Mayor to execute the Contract upon review and final approval of City staff.

 

 

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

 

A. Mediation Report setting forth the two (2) options for resolving the Wright Request For Relief - Consider for approval the Mediation Report setting forth the two (2) options for resolving the Wright Request For Relief. The City Council is not stating support for final approval of either the contraction request, zoning changes or City code changes, but is merely expressing approval or disapproval of the commencement of the options as proposed.