Regular City Council - April 25, 2023 at 6:30 PM

CITY OF TITUSVILLE

COUNCIL AGENDA

April 25, 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 February 14, 2023, February 28, 2023 (5:30 p.m.) and March 28, 2023 (5:30 p.m.).

 

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Reserved for Presentations - There may not be adequate time at the regular City Council meeting scheduled for April 25, 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 April 25, 2023 that commences at 6:30 p.m.

 

 

6. BOARDS AND COMMISSIONS

 

A. Student Advisory Council Annual Report - The 2022/2023 Student Advisory Council Annual Report, including the recommendations and goals for 2023/2024, will be presented. Additionally, the Student Advisory Council (SAC) requests the City Council provide authorization for the SAC to meet on an as-needed basis during summer of 2023 to work on The Last Dance Video Project.

 

B. Student Advisory Council Scholarships - Mayor Diesel will present scholarships to three (3) seniors: Aiden Sperr of Titusville High School, Aliyah Deimeke of the Academic Community Enrichment, Inc. and Savannah Sevor of Astronaut High School that have participated on the Student Advisory Council. No action is requested.

 

C. 2023/2024 Student Advisory Council Membership Appointments - Confirm the proposed slate of students as members of the 2023/2024 Student Advisory Council, as appointed by their respective schools.

 

 

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

 

 

8. CONSENT AGENDA

 

A. Resolution No. 13-2023 - Commending Outstanding Students from North Brevard Area Schools - Approve Resolution No. 13-2023 commending outstanding students from North Brevard Area Schools for 2022-2023.

 

B. Single Stream Recycling Contract - Approve Single Stream Recycling Contract with WM Recycle America, LLC of Delaware to provide sorting and sales of recyclable materials from the City of Titusville with an annual projected cost not to exceed $150,000; and authorize the Mayor to execute the contract upon satisfaction of terms and conditions with the City Manager and City Attorney.

 

C. Brevard County Save our Indian River Lagoon Grant Extension - St Johns 2 Baffle Box - Authorize the Mayor to execute Amendment No. 1 to the Save our Indian River Lagoon Cost-Share Funding Interlocal Agreement Number SOIRL 21-174.

 

D. Brevard County Save our Indian River Lagoon Grant Extension - Osprey Nutrient Removal Project - Authorize the Mayor to execute Amendment No. 1 to the Save our Indian River Lagoon Cost-Share Funding Interlocal Agreement Number SOIRL 20-02-2.

 

E. Purchase of two Blauer High Gear Tactical Suits - Approve and appropriate $4,300 in forfeiture funds for the purchase of two Blauer High Gear tactical suits and approve the associated Budget Amendment.

 

F. Change Order #02 to Contract #CO-17-Q-009 with CDM Smith, Inc. for additional services due to extension of project - Approve Change Order #02 in the amount of $49,859 to contract #CO-17-Q-009 with CDM Smith, Inc to include additional engineering efforts performed as a result of the extended construction efforts, and authorize the Mayor to

execute the amendment.

 

G. Use of Orlando Utilities Commission Contract #RFP-21-5038-OQ, with USIC Holdings, Inc. d/b/a USIC Locating Services, LLC of Indianapolis, IN to perform utility locates for the City of Titusville - Approve the utilization of Orlando Utilities Commission Contract #RFP-21-5038-OQ, with USIC Holdings, Inc. d/b/a USIC Locating Services, LLC of Indianapolis, IN to perform utility locates for the City of Titusville. In addition, approve the following: (1) Add Orlando Utilities Commission contract #RFP-21-5038-OQ to the Vendor of Record to be utilized to perform utility locates with an estimated annual expenditure of $200,000 and (2) Authorize Mayor to execute the piggyback agreement upon review and approval of City staff.

 

H. FDOT Non-Motorized Traffic Data Sharing Memorandum of Agreement - Authorize the City Manager to sign the FDOT Non-Motorized Traffic Data Sharing Memorandum of Agreement.

 

 

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

 

A. Comprehensive Plan Amendment (CPA) 1-2023 Water Supplies - This item was withdrawn from this agenda and will be readvertised for a future date. No action is requested.

 

 

B. Ordinance No. 27-2023 - Antenna Ordinance - Conduct the second reading and final public hearing of Ordinance No. 27-2023 amending the Code of Ordinances to create antenna as an accessory use with limitations, by amending Section 28-342 “Accessory Use Table” and creating Section 28-351.5 “Antenna”, including standards for the use with limitations; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the final public hearing.)

 

The Planning and Zoning Commission considered this ordinance on April 5, 2023 and recommended approval as presented and requested exploration of height limit, 7-0.

 

 

C. Ordinance No. 28-2023 - Mobile Food Vendors - Conduct the second reading and final public hearing of Ordinance No. 28-2023 amending the Code of Ordinances by establishing “Mobile Food Dispensing Vehicles” pursuant to Section 509.102, Florida Statutes, including definitions, exemption from the requirement to obtain a business tax receipt from the city, setting forth purpose and intent, license, location and operational requirements, enforcement and penalty provisions, and by amending Section 11-331 “Definitions”; and by creating Article XVI “Mobile Food Dispensing Vehicles”, and amending Chapter 28 “Zoning” by creating Section 28-145.1 “Mobile Food Dispensing Vehicles”, and amending Section 28-54 “Use Table” and amending Chapter 37 “Definitions” Section 37-1 “Definitions”; providing for severability, repeal of conflicting ordinances, effective date and incorporation into the code. (This is the final public hearing.)

 

The Planning and Zoning Commission considered this ordinance on April 5, 2023 and recommended approval as presented, 7-0.

 

 

10. ORDINANCES-FIRST READING

 

 

11. OLD BUSINESS

 

 

12. NEW BUSINESS

 

A. FY2023 Mid-Year Budget Review and Financial Update - Approve the FY2023 mid-year budgetary change requests for General, Enterprise and other Funds. Authorize 1.5 new FTE's. Affirm the FY2024 Strategic Plan. Acknowledge City Manager's Public Works - Water Resources reorganization.

 

 

B. Adoption of 2023 Sustainability Action Plan - Adopt the Sustainability Action Plan.

 

 

C. Parks and Open Space Draft Definitions and Standards Update - Accept the status report on proposed amendments to the City's Parks and Open Space regulations and approve advisability for preparation of a draft ordinance.

 

 

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. No action is requested.

 

 

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