Regular City Council - November 28, 2023 at 6:30 PM

CITY OF TITUSVILLE

COUNCIL AGENDA

November 28, 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 meeting on October 24, 2023 (6:30 p.m.).

 


5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Reserved for Presentations - There may not be adequate time at the regular City Council meeting

scheduled for November 28, 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 November 28, 2023 that commences at 6:30 p.m.

 

 

6. BOARDS AND COMMISSIONS

 

A. City of Titusville Police and Fire Pension Board - Confirm Douglas Baker's reappointment as a member to the Police and Fire Pension Board of Trustees for a four-year term expiring on November 30, 2027.

 

B. Board of Adjustments and Appeals - Appoint one alternate member to the Board of Adjustments and Appeals for an unexpired term to expire on July 31, 2025.

 

 

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

 

 

8. CONSENT AGENDA

 

A. Purchase of Axon 3-1 Video in Car Camera System, and 5 Year Contract - Approve the purchase of 8 3-1 in car video camera system, along with 5 year contract, in the annual amount of $23,798.40 from Vendor of Record Axon Enterprises, Inc., and authorize the Mayor to execute Axon Master Services and Purchasing Agreement upon review and approval of City staff.

 

B. Utility Easement for Maintenance of Stormwater Structures on Broad Street - Accept a Utility Easement from Jeffery B. Green and Jeffrey W. Gray Managing Members of G-Squared Partners LLC with a condition.

 

C. National Community Survey (NCS) to Measure Local Government Services with an Overall Focus on Livability - Approve and award National Community Survey in the amount of $18,500 and approve the associated budget amendment.

 

D. Pritchard House Hurricane Repairs Contract Award - Approve the award of the Pritchard House Fascia & Chimney Restoration to Lawson Masonry of Titusville, FL in the amount of $33,000 for the repair and restoration of damage to the Pritchard House sustained during Hurricane Nicole and authorize the Mayor to execute the contract upon review and approval of City Attorney and staff.

 

E. Bid Award - Automotive Maintenance & Bodywork Approve the bid award with an initial term of one (1) year and four (4) optional one (1) year renewals to Cocoa Ford of Cocoa FL, AAMCO/JP Automotive Inc. of Titusville, FL, Paradise Ford of Cocoa, FL, and Ron Norris Ford of Titusville, FL for vehicle repair services, parts, and paint & body work, with a not to exceed annual expenditure cap of $368,000. The services will be utilized on an as needed basis. In addition, authorize the Mayor to execute contract consistent with terms, conditions and pricing stipulated in Bid # 24-B-011, once approved by city staff.

 

F. Restricted Water Conservation Funds and Miscellaneous Project Budget Amendments - Approve the Fiscal Year (FY) 2024 budget amendment to recognize water conservation restricted funds and ongoing miscellaneous project budget cleanup.

 

G. Purchase of Vehicles- Public Works - Approve the use of Florida Sheriff's Association Cooperative

Purchasing Program, Contract # FSA23-VEH31.0 Pursuit, Administrative & Other Vehicles for the purchase of 11 budgeted vehicles to Duval Ford of Jacksonville, Florida in the total amount of $657,178.64 for the purchase of eight (8) Hybrid F-150s and three (3) F-250s. Additionally, approve associated budget amendments to increase financed amount to match actual purchase prices.

 

H. 2023 Tree City USA Recertification Application - Authorize the Mayor to sign the 2023 Tree City USA recertification application.

 

I. Resolution No. 32-2023 - Titusville Christmas Parade Road - Closure December 9, 2023 - Approve Resolution No. 32-2023 Road closure for South Washington Avenue, starting at the parking lot of 150 S Terrier Trail routing North and ending at Space View Park for 2023 Annual Christmas Parade, Saturday, December 9th, 2023.

 

 

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 November 14, 2023, City Council tabled Ordinance No. 48-2023 and Resolution No. 25-2023 to the regular City Council meeting on November 28, 2023 at 6:30 p.m.)

 

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. 55-2023 - to allow Assisted Living Unit in the Urban Village (UV) Zoning District - Conduct the second reading and the final 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.

 

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.

 

 

C. Comprehensive Plan Small Scale Amendment (SSA) No. 7-2023 TRG Self Storage with Annexation - Conduct the second reading and public hearing of ordinances for Small Scale Comprehensive Plan Amendment (SSA) Application No. 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 quasi-judicial item.

 

If the City Council is not inclined to approve the annexation with the requested future land use category and Light Industrial (M-1) zoning district, the applicant could be requested to propose the Heavy Industrial (M-2) zoning district without a concept plan. New public hearings are required 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 than what is proposed.

 

 

10. ORDINANCES-FIRST READING

 

A. Ordinance No. 56-2023 - Amending Service Fees for Dishonored Checks - Conduct first reading of the Ordinance No. 56-2023 - An ordinance of the City of Titusville, Florida, amending the Code of Ordinances by amending Section 2-161 “Service Fee For Dishonored Checks” to amend the service fee; providing for incorporation into the Code; providing for repeal of conflicting ordinances; providing for severability and an effective date.

 

(This is the first reading. The second reading and the public hearing is scheduled for the regular City Council meeting of December 12, 2023)

 

 

B. Ordinance No. 57-2023 - Annual update of the 5-Year Capital Improvements Schedule (2024-2028) relating to the Capital Improvement Element of the Comprehensive Plan - Conduct the first reading of Ordinance No. 57-2023 - An ordinance of the City of Titusville, Florida, updating the five-year Capital Improvements Schedule of the Comprehensive Plan of the City of Titusville for the 2024 – 2028 horizon relating to the Capital Improvement Element; and providing for an effective date.

 

The Planning and Zoning Commission, Local Planning Agency, will consider this item for recommendation to City Council at their regular meeting on December 6, 2023.

 

(This is the first reading. The second reading and the public hearing is scheduled for the regular City Council meeting on December 12, 2023).

 

 

C. Comprehensive Plan Small Scale Map Amendment (SSA) NO. 9-2023 – Windover Way & SR 405 - McLaughlin-Wright - Conduct the first reading of ordinances for Comprehensive Plan Small Scale Amendment (SSA) Application No. 9-2023 with rezoning.

 

Ordinance No. 58-2023 - 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 land use and zoning on approximately .449+/- acres of land, located at the southwest quadrant of the intersection of Windover Way and SR 405, parcel I.D. number 22-35-32-00-12, by changing the Commercial Low Intensity Future Land Use designation to the Conservation Future Land Use designation. This is a legislative item.

 

Ordinance No. 59-2023 - An Ordinance to rezone the property by changing the Community Commercial (CC) zoning district to the Open Space and Recreation (OR) zoning district on approximately .449+/-

acres of land located at the southwest quadrant of the intersection of Windover Way and SR 405, parcel I.D. number 22-35-32-00-12. This is a quasi-judicial item.

 

The Planning and Zoning Commission, Local Planning Agency, will consider this item for recommendation to City Council at their regular meeting of December 6, 2023.

 

 

11. OLD BUSINESS

 

A. Contract Award - Design & Install Monument Gateway & Various Pole Mounted Signs - Approve the Selection Committee's final ranking of RFP 23-P-041/TB for Design & Install Monument Gateway & Various Pole Mounted Signs and authorize staff to conduct negotiations and finalize contract terms with the top ranking firm, Don Bell Signs, LLC of Port Orange not to exceed the annual authorized amount of $115,000.00, and authorize the Mayor to execute the contract upon review and approval by the City

Attorney, City Manager, and Purchasing and Contracting Administrator. Additionally approve the associated budget amendment and provide staff direction on the concept design.

 

 

B. Draft Comprehensive Plan Amendments to the Future Land Use, Transportation and Housing Elements and Draft Land Development Regulations - Direct the staff to schedule the Transmittal Hearings for amendments to the Future Land Use, Transportation and Housing Elements of the

Comprehensive Plan.

 

 

12. NEW BUSINESS

 

A. Parking – Advisability - Direct staff to draft an ordinance to amend the parking requirements.


B. Selection of Vice-Mayor - Nominate and elect a Vice-Mayor.  (Addendum)


C. Designation of the Chair and Vice-Chair of the Titusville Community Redevelopment Agency - Council will designate the Chair and Vice-Chair of the Titusville Community Redevelopment Agency.  (Addendum)

 

 

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. Update to City Council on the status of the litigation involving Speak Up Titusville, Inc. and to seek Council's direction on how to proceed in this litigation - Action deemed appropriate by Council.