Regular City Council - November 24, 2020 at 6:30 PM

  1. Agenda

CITY OF TITUSVILLE

COUNCIL AGENDA

November 24, 2020

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

 

A. Employee(s) of the Months - August and September 2020 - Recognize the Employee(s) of the Month for August and September 2020.

 

B. Letters of Appreciation - A list of employee names that received letters of appreciation is provided in the agenda packet.

 

6. BOARDS AND COMMISSIONS

 

A. Titusville Environmental Commission - Appoint one (1) alternate member to the Titusville Environmental Commission with a term to expire on November 30, 2023.

 

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

 

8. CONSENT AGENDA

 

A. FY 2020 Year End Budget Adjustments - Approve the FY 2020 Year End Budget Adjustments.

 

B. Highway Maintenance Agreement Renewal - Approve the renewal of the Highway Maintenance Agreement with the Florida Department of Transportation (FDOT).

 

C. Resolution No. 36-2020 - Establishing Procedures for Conducting City Public Meetings during the declared State of Emergency as a result of COVID-19 - Approve Resolution No. 36-2020 establishing procedures for conducting City public meetings during the declared State of Emergency as a result of COVID-19.

 

D. Roof Repairs of City Facilities - Approve the use of Brevard County Roofing Contracting Services P2-14-13 in the amount of $25,770 for roof repairs/replacements at the City Marina to Tech Systems, Inc. of Melbourne, FL.

 

E. Resolution No. 37-2020 - Appointing Special Magistrate - Approve Resolution No. 37-2020 appointing Debra Babb-Nutcher and the law firm of of Garganese, Weiss, D'Agresta & Salzman , P.A., as the Code Enforcement Special Magistrate and approve the attached Agreement for Special Magistrate for Code Enforcement Services.

 

F. Resolution No. 38-2020 Approving Temporary Closure of State Road US 1 for Special Events - Approve Resolution No. 38-2020 approving the temporary closure of State Road US 1 for the Downtown Christmas Party and Gear Up. Ride it Down 2 trail ride on December 11, 2020.

 

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

 

A. Ordinance No. 23-2020 Related to Home Based Businesses - Conduct the second reading and second public hearing for Ordinance No. 23-2020 amending the Code of Ordinances Chapter 28 “Zoning”, Section 28-360 “Home based business” by amending the list of home based businesses permitted and prohibited within residential areas; by permitting certain home based businesses to have clients on site; by establishing conditions under which such businesses may operate; and by clarifying terminology; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This is the final public hearing.)

 

On November 4, 2020, the Planning and Zoning Commission, unanimously, recommended approving Option #3 – Expand Home Based Businesses as Limited Uses by allowing clients in homes with expression of concerns regarding; hours of operation (full-time versus part-time), types of uses allowed, Code Enforcement concerns, regulations of chemicals, auxiliary buildings and commercial competition.

 

B. Ordinance No. 24-2020 Regarding Mobile Vendors in Public (P) Zoning - Conduct the second reading and second public hearing of Ordinance No. 24-2020 amending the Code of Ordinances to clarify application requirements for mobile vendors and to permit mobile vendors and special event vendors on lands zoned Public (P) under certain conditions by amending Chapter 11 “Licenses and Business Regulations”, specifically amending Sections 11-332 “Mobile vendors” and 11-340 “Special event vendors”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This is the final public hearing.)

 

On November 4, 2020, the Planning and Zoning Commission unanimously (7:0) recommended approval of the ordinance as written.

 

C. Ordinance No. 25-2020 Correcting Discrepancies in Zoning Code Use Tables - Primary Uses - Conduct the first reading and first public hearing for Ordinance No. 25-2020 amending the Code Of Ordinances by amending Chapter 28 “Zoning” to correct omissions and inconsistencies between Permitted, Conditional and Limited Uses in Article V “Use Standards” and Article IV “Use Table”, specifically amending Sections 28-54 “Use Table”, 28-73(A) “Live-work unit”, 28-78(A) “Residential/Professional use”, 28-81(A) “Townhomes”, 28-93(A) “Animal shelter”, 28-99(A) “Bakery, retail”, 28-101 “Bed and breakfast inns”, 28-111(A) “Clothing and shoe stores”, 28-117(A) “Drinking establishments (bar, tavern, lounge), 28-118(A) “Dry cleaner”, 28-122(A) “Financial

institutions”, 28-125(A) “Funeral establishment (without crematory), 28-126(A) “Furniture store”, 28-129(C) “Grocery store”, 28-131(A) “Hospitals”, 28-132(A) “Hotel/Motel”, 28-138(A) “Laundromat”, 28-151 “Outdoor storage”, 28-152(A) “Package and parcel delivery services”, 28-156(A) “Personal services”, 28-161(A) “Postal and mailing services”, 28-165(A) “Radio and television sales”, 28-166(A) “Repair and service for small equipment items”, 28-171(A) “Shoe repair”, 28-176(A) “Transient accommodations”, 28-181(A) “Veterinarian”, 28-201(A) “Bakeries and confectioneries”, 28-202(A) “Bottling plants”, 28-209(A) “Laboratory (research and testing)”, 28-210(A) “Light manufacturing”, 28-218(A) “Retail or wholesale of products manufactured on-site”, 28-220 “Transmission tower”, 28-222(A) “Warehousing/Wholesale”, 28-223 “Welding, metal working, fabrication”, 28-231(A) “Airpark”, 28-232(A) “Airport”, 28-236(A) “Church”, 28-238(A) “Community centers”, 28-239 “Community service”, 28-242(A) “Family day care homes”, 28-248(A) “Nursing homes, convalescent homes and extended care facilities”, 28-249(A) “Passenger terminal facilities”, 28-253(A) “Public utility”, 28-255(A) “Schools (public or private)”, 28-256(A) “Vocational school”, 28-272(A) “Golf course”, 28-274(A) “Park (public or non-profit)”, 28-275(A) “Recreation and commercial amusement indoor)”, and 28-276(A) “Recreation and commercial amusement (outdoor); providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the first reading and first public hearing. The second reading and second public hearing is scheduled to be heard by City Council on December 8, 2020 beginning at 6:30 pm.) 

 

The Planning and Zoning Commission, unanimously, recommended approval as written.

 

D. Ordinance No. 26-2020 Correcting Discrepancies in Zoning Code Use Tables - Accessory Uses - Conduct the first reading and first public hearing for Ordinance No. 26-2020 amending the Code of Ordinances by amending Chapter 28 “Zoning” to correct permitted, conditional and limited uses in Article VIII “Accessory Use Standards” to be consistent with Article VII “Accessory Use Table”, specifically amending Sections 28-342 “Accessory use table”, 28-351 “Accessory dwelling unit”, 28-353 “Attached screen porch”, 28-356 “Clubhouse”, 28-363 “Outdoor display of merchandise”, 28-367 “Recreation court”, 28-370 “Screen enclosure with screened roof (including pool enclosures)”, and 28-373 “Temporary storage units”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the first reading and first public hearing. The second reading and second public hearing is scheduled to be conducted by City Council on December 8, 2020 at 6:30 PM.)

 

The Planning and Zoning Commission, unanimously, recommended approval as written.

 

10. ORDINANCES-FIRST READING

 

A. Ordinance No. 27 - 2020 - Capital Improvement Element Annual Update - Conduct the First Reading of Ordinance No. 27-2020 updating the Five Year Capital Improvements Schedule of the Comprehensive Plan of the City of Titusville for the 2021-2025 horizon relating to the Capital Improvement Element. (This is the first reading. The public hearing is scheduled to be conducted by the City Council on December 8, 2020 beginning at 6:30 pm.)

 

11. OLD BUSINESS

 

12. NEW BUSINESS

 

A. Update Council Member Appointments to Serve on Outside Agencies - Update Council Member appointments to serve on Outside Agencies. Members of City Council are appointed to serve on various outside agencies to represent the interests of the

citizens of the City of Titusville.

 

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