March 14th, 2023: City Council Meeting

City Council Meeting will start live at 6:30pm at City Hall in the Council’s Chamber. The Agenda Packet, found below, contains all documents and related material for each agenda item.

5. SPECIAL RECOGNITIONS & PRESENTATIONS

A. Proclamation – Irish American Heritage Month – March 2023 – Mayor will present the Proclamation proclaiming March 2023 as Irish American Heritage Month.

6. BOARDS AND COMMISSIONS

A. North Brevard County Hospital District Board – The North Brevard County Hospital District Board’s semiannual report will be presented. No action is required.

B. Planning and Zoning Commission – Accept the resignation of Planning and Zoning Commission Regular Member (Chairperson) Jane W. Speidel with an unexpired term that will expire on January 31, 2024, with regret.

C. Code Enforcement Special Magistrate – The Code Enforcement Special Magistrate’s semi-annual written report is included in the agenda packet. No action is required.

D. Concept Plan of Proposed Urban Forestry Program and Arborist – The Titusville Environmental Commission (TEC) recommends acceptance of the Concept Plan of Proposed Urban Forestry Program and recommends hiring a new arborist position.

If Council moves forward with the proposed concept plan, Staff would like the opportunity to analyze and provide costs and estimates for the proposed items including the feasibility and cost for an arborist.

E. Titusville Environmental Commission (TEC) Recommendations Related to Wetlands – Provide direction regarding the TEC recommendations for Council to consider amendments to the City’s regulations related to wetlands.

The staff does not recommend approving the TEC’s suggested changes to the Code. Instead, the TEC’s concerns can be addressed as part of a Comprehensive Plan Amendment related to environmental policies.

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

8. CONSENT AGENDA

A. Student Advisory Council Scholarship Policy Expenditure – Approve Titusville Student Advisory Council Scholarship Policy expenditure not to exceed $3,000 and direct staff to forward pending disbursement forms to the City Manager and Finance Department, for the preparation of three individual scholarship checks, as prescribed by the policy. Pending this request, the scholarships will be awarded at the regular City Council meeting on April 25, 2023 (6:30 p.m.).

B. Schedule of Rates for Legal Services for Lewis, Longman, Walker Law Firm – Approve the adjusted hourly rate schedule for 2023 for legal services for the Lewis, Longman and Walker Law Firm.

C. Contract Award – Continuing Professional Consultant Services Water Resources Utility Services and Public Works Projects – Approve the execution of contracts including negotiated rates for the top ranking five (5) firms for Water Resources Utility Services and top two (2) ranking firms for Public Works to establish Continuing Professional Consultant Contracts with the selected firms and authorize the Mayor to execute all contracts upon review and approval by the City Attorney, City Manager, and Purchasing and Contracting Administrator.

D. Water Service Agreement for 6250 Horseshoe Ave – Per Chapter 21, Article I, Section 21-1(b), approve the water service agreement for 6250 Horseshoe Ave as it meets the criteria to allow connection.

E. Purchase of 10″ Pump for Water Reclamation Facilities – Approve the use of the Florida Sheriff’s Association contract FSA20-EQU18.0 effective through September 30, 2023 for the purchase of a 10” Compressor-Assisted Solids Handling Pump Model 10JSCG from Thompson Pump and Manufacturing Co., Inc. of Port Orange, Florida in the amount of $94,987. Additionally approve associated budget amendment and approval of City staff to issue resulting purchase order.

F. Assign Canin Associates Continuing Consultant Contract & Work Order to Kimley-Horn – Approve the transfer of the Continuing Consultant Agreement: Planning Services and existing Work Order # CANW001-Plan and Text Amendments Land Development Regulations, from Canin Associates, Inc. of Orlando FL to Kimley-Horn and Associates, Inc. of Orlando, FL. and authorize the Mayor to execute the attached transfer.

G. Reallocation of ARPA Funds for Water Resources Projects – Approve the reallocation of American Rescue Plan Act (ARPA) funds in the amount of $300,000 from the Indian River Force Main Project to Osprey I&I Elimination Project. Additionally, approve associated budget amendment.

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

A. Ordinance No. 15-2023, Amending Rule 5 of Section 2-26 of the Code of Ordinances “Rules of the City Council” – Conduct second reading and the public hearing of Ordinance No. 15-2023 amending Rule 5 of Section 2-26 of the Code of Ordinances “Rules of the City Council”, by amending procedures and time limits for public comment on the Consent Agenda at Council meetings; providing for severability; and providing for effective date.

B. Ordinance No. 16-2023 – Single-family dwellings in the Open Space and Recreation (OR) zoning district and the Wetland and Conservation Area (WCA) Overlay – Conduct the second reading and final public hearing on Ordinance No. 16-2023 to amend the City’s Conditional Use Permit requirement for single-family residences in the Open Space and Recreation (OR) zoning district and the Wetland and Conservation Area (WCA) Overlay. (The first reading and first public hearing was held at the regular City Council meeting on February 28, 2023, at 6:30 p.m. This is the second reading and the final public hearing.)

On February 22, 2023, the Planning and Zoning Commission made a motion to accept this ordinance as presented (Approved 7-0).

10. ORDINANCES-FIRST READING

A. Small Scale Comprehensive Plan Amendment (SSA) No. 5-2022, Greg Nelson – Conduct the first reading of the ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 5-2022.

Ordinance No. 17-2023 – 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 a 3.31+/- acre portion of property located southeast of Interstate 95 and State Road 406 (Garden Street) interchange, having Brevard County Parcel I.D. No. 21-35-31-at-1-14 and 21-35-31-at-16-1, from Conservation future land use designation to the Commercial High Intensity future land use designation; and

Ordinance No. 18-2023 – amending Ordinance No. 27-1997 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Open Space and Recreation (OR) zoning district to the Regional Commercial (RC) zoning district on a 3.31+/- acre portion of property located southeast of Interstate 95 and State Road 406 (Garden Street) interchange, having Brevard County Parcel I.D. No. 21-35-31-at-1-14 and 21-35-31-at-16-1.

The land use amendment is a legislative item and the rezoning is a quasi-judicial item. (This is the first reading. The second reading and public hearing is scheduled to be heard by the City Council on March 28, 2023 beginning at 6:30 PM.)

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on March 8, 2023 and recommended approval of the comprehensive plan future land use map amendment from the Conservation Land Use to the Commercial High Intensity Land Use category on the portion of the overall property as illustrated and described in the land use ordinance and as consistent with the Comprehensive Plan and more specifically with Conservation Element Strategy 1.6.3.2. (Approved 7-0) and recommended approval on the rezoning from Open Space and Recreation (OR) to the Regional Commercial (RC) zoning district on the portion of the overall property as described in the rezoning ordinance and as consistent with the Commercial High Intensity Future Land Use category of the Comprehensive Plan and rezoning criteria described in 34-40 of the Land Development Regulations. (Approved 7-0).

B. Small Scale Comprehensive Plan Amendment (SSA) No. 6-2022, Palmetto Complex – Conduct the first reading of ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 6-2022.

Ordinance No. 19-2023 – 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 0.54+/- acres of property located on Palmetto Street, having Brevard County Parcel I.D. No. 22-35-04-00-53 and 22-35-04-00-50, from Low Density Residential future land use designation to Medium Density Residential future land use designation; and

Ordinance No. 20-2023 – 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 Medium Density (r-1B) zoning district to the Multifamily Medium Density Residential (R-2) zoning district on approximately 0.54+/- acres of property located on Palmetto Street, having Brevard County Parcel I.D. No. 22-35-04-00-53 and 22-35-04-00-50.

The land use amendment is a legislative item and the rezoning is a quasi-judicial item. (This is the first reading. The second reading and public hearing is scheduled to be heard by the City Council on March 28, 2023 beginning at 6:30 PM.)

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this request on March 8, 2023 and recommended approval of the comprehensive plan future land use map small scale map amendment from the Low Density Residential Future Land Use category to the Medium Density Residential Future Land Use category on the 0.78-acre property as described in the future land use ordinance. (Approved 7-0) and recommended approval on the rezoning from Single Family Medium Density (R-1B) zoning district to the Multi-Family Medium Density (R-2) zoning district on the 0.78-acre property as described in the rezoning ordinance. (Approved 7-0).

11. OLD BUSINESS

A. FY 24 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) grant funding recommendations – Approve Community Development Block Grant (CDBG) and HOME grant program funding recommendations in the amount of $310,501 for CDBG and a projected $139,014.85 for HOME, for inclusion into the City’s FY 24 Annual Action Plan as required by HUD. (This item was tabled at the regular City Council meeting on February 28, 2023 at 6:30 p.m.)

B. Urban Tree Canopy Assessment – Accept the findings and recommendations of the Urban Tree Canopy Assessment conducted by PlanIT GEO and consider staff’s proposed strategies.

12. NEW BUSINESS

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