120 Malabar Road SE

Palm Bay, FL 32907

(321) 952-3400

www.palmbayflorida.org

Mayor

ROB MEDINA

Deputy Mayor

DONNY FELIX

Councilmembers

KENNY JOHNSON

RANDY FOSTER

VACANT

 

 

AGENDA

 

Regular Council Meeting 2024-16

Thursday

 

July 18, 2024 – 6:00 PM

Council Chambers, 120 Malabar Road SE, Palm Bay FL 32907

 

CALL TO ORDER:

 

INVOCATION:

 

1.

Pastor Chris Adams – Christian Life Church, Palm Bay.

 

PLEDGE OF ALLEGIANCE:

 

ROLL CALL:

 

ANNOUNCEMENTS:

 

1.

One (1) term expiring on the Police and Firefighters' Retirement Pension Plan, Board of Trustees.++

 

2.

Four (4) vacancies on the Youth Advisory Board (represents ‘student member’ positions).++

 

3.

One (1) vacancy on the Youth Advisory Board (represents 'adult member' position).++

 

4.

Two (2) vacancies on the Community Development Advisory Board (represents 'banking industry’ and ‘not-for-profit' positions).++

 

5.

One (1) vacancy on the Palm Bay City Council (represents 'Seat 3' position).+ (AGENDA REVISION)

 

AGENDA REVISIONS:

 

1.

Consideration of submitting an application for the Fiscal Year 2024 Regional Catastrophic Preparedness Grant Program has been added to the agenda as Item 4, under New Business.

 

2.

Consideration of utilizing General Fund Undesignated Fund Balance and authorization of a special procurement waiver to lease/purchase portable traffic signals from Horizon Signal Southeast ($291,950) has been added to the agenda as Item 5, under New Business.

 

3.

Discussion of process to utilize Opioid settlement funds has been added to the agenda as Item 6, under New Business.

 

PROCLAMATIONS AND RECOGNITIONS:

 

1.

Recognition:  Five (5) years of service as a City board member on the Planning and Zoning Board – Donald Boerema.

 

PRESENTATIONS:

 

1.

Andrew Kalel, Sunrise Consulting Group – State Lobbyist update.

 

2.

Nilgün Kamp, Benesch  Transportation Impact Fee Study update.

 

PUBLIC COMMENTS/RESPONSES:

 

Public comments will be heard by the City Council on non-agenda issues. Speakers must complete 'Public Comment Cards' (orange) and are limited to three (3) minutes each.

 

APPROVAL OF CONSENT AGENDA:

 

There will be no separate discussion on those items listed under Consent Agenda. They will be enacted by the City Council on one motion. If discussion is desired by the City Council, that item will be removed from the Consent Agenda by Council and will be considered under the agenda heading Consideration of Items Removed from Consent Agenda.

 

1.

Award of Bid: Culvert pipe replacement, Rockabye Avenue at C-41-R – IFB 22-0-2024 – Public Works Department (Universal Contracting & Construction, Inc. - $482,888); consideration of additional funding ($100,000).

 

2.

Contract: Nash Street Repump Station rehabilitation, Task Order 19-10, Amendment 4 – Utilities Department (Wade Trim - $16,200).

 

3.

Resolution 2024-23, providing for the acceptance of the purchase and transfer of four (4) parcels located at 1361 Florida Avenue NE from Evans Center, Inc. (0.79 acres) ($475,000).

 

4.

Resolution 2024-24, as amended, adopting Classification and Pay Plans and the Position Control Plan for employees of the City of Palm Bay (third amendment).

 

5.

Consideration of the School Resource Officer Program agreement with Brevard County School Board for the 2024-2025 school year.

 

6.

Consideration of the School Resource Officer Program agreement with Pineapple Cove Classical Academy (Palm Bay) for the 2024-2025 school year.

 

7.

Consideration of the School Resource Officer Program agreement with Pineapple Cove Classical Academy (Lockmar) for the 2024-2025 school year.

 

8.

Consideration of the School Resource Officer Program agreement with Odyssey Charter Junior/Senior High School for the 2024-2025 school year.

 

9.

Consideration of submitting an application for Federal Highway Administration Charging and Fueling Infrastructure Discretionary Grant funds for the acquisition and installation of publicly accessible electric vehicle charging stations.

 

10.

Consideration of a Commercial Property Enhancement Program (CPEP) grant for R&S Soft Water Service Inc. for eligible improvements to the roof for commercial property located at 4520 Babcock Street NE (Tax Account 2858135 – $10,000).

 

11.

Consideration of an extension addendum for participating in the Florida Department of Law Enforcement’s State Assistance for Fentanyl Eradication (SAFE) Program in Fiscal Year 2023-2024.

 

12.

Consideration of a second amendment to the Subrecipient Agreement to the Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT).

 

13.

Consideration of filing a Notice of Intent with the Federal Rail Administration to establish a railroad Quiet Zone.

 

14.

Consideration of appropriating Undesignated Fund Balance funds to Professional Services Operating budget for the Fire Rescue Department ($202,400).

 

15.

Consideration of appropriating Undesignated Fund Balance funds to purchase equipment to outfit Engine 9 ($457,692).

 

16.

Consideration of funding for Finance Department renovations ($41,204).

 

17.

Consideration of a budget amendment for annual membership fees with Brevard Hispanic Chamber of Commerce ($5,500).

 

18.

Consideration of utilizing GO Road funds to provide a budget for the paving of Emerson Drive, from Malabar Road to Waco Boulevard (Project 24GO12 – $4,000,000).

 

19.

Acknowledgment of the June 2024 GO Road Bond Paving report update.

 

PUBLIC HEARINGS:

 

1.

Consideration of Program Year 2024 Community Development Block Grant (CDBG) and HOME Action Plan, final hearing.

 

2.

Request by Chaparral Properties, LLC, for preliminary subdivision plan approval for a proposed 522-lot residential subdivision to be known as ‘Chaparral P.U.D. Phase Four A-B and Five A-B, which property is located in the vicinities south of Malabar Road and west of Searle Avenue, in PUD (Planned Unit Development) zoning (160.51 acres) (Case PS24-00001). (Quasi-Judicial Proceeding)

 

3.

Request by Chaparral Properties, LLC, for final subdivision plan/final plat approval for a proposed 167-lot residential subdivision to be known as ‘Chaparral P.U.D. Phase Four A, which property is located in the vicinities south of Malabar Road and west of Searle Avenue, in PUD (Planned Unit Development) zoning (160.51 acres) (Case FS23-00016). (Quasi-Judicial Proceeding)

 

4.

Request by Grapefruit League Land Group LLC for a variance to allow a proposed parking area to encroach 9.5 feet into the 25-foot rear parking setback, as established by Section 185.042(F)(7)(d), Palm Bay Code of Ordinances (9.18 acres) (V24-00003). (QUASI-JUDICIAL PROCEEDING) (CONTINUED FROM 06/25/24 SCM)

 

5.

Request by Grapefruit League Land Group LLC for a variance to allow a proposed 30-foot high structure to exceed the 25-foot maximum height requirement by five (5) feet, as established by Section 185.042(F)(6), Palm Bay Code of Ordinances (9.18 acres) (V24-00004). (QUASI-JUDICIAL PROCEEDING) (CONTINUED FROM 06/25/24 SCM)

 

6.

Request by Kasika Heritage Corp./3085 Jupiter, LLC, for a conditional use to allow alcohol service at a proposed dining establishment in accordance with Section 185.042(D)(6) of the Palm Bay Code of Ordinances, on property located northwest of and adjacent to the intersection of Jupiter and Eldron Boulevards (2.44 acres) (CU24-00001). (CONTINUED TO 09/04/24 P&Z AND 09/19/24 RCM)

 

 

7.

Ordinance 2024-29, vacating a portion of the rear public utility and drainage easement located within Lot 26, Block 1709, Port Malabar Unit 36 (Case VE-3-2024, Stefani Jo Tennyson), final reading. (RESCHEDULED TO 08/01/24 RCM)

 

8.

Ordinance 2024-30, vacating a portion of the rear public utility and drainage easement located within Lot 21, Block 310, Port Malabar Unit 10 (Case VE-5-2024, Jose Taveras Ortiz and Olga M. Gomez Sanchez), final reading. (RESCHEDULED TO 08/01/24 RCM)

 

9.

Request by Kimaya, LLC, for preliminary subdivision approval of a proposed 14-lot commercial subdivision to be known as ‘Palm Bay Pointe East’, which property is located east of and adjacent to Babcock Street, in the vicinity north and south of St. Johns Heritage Parkway (42.95 acres) (Case PS23-00009). (CONTINUED TO 09/04/24 P&Z AND 09/19/24 RCM)

 

10.

Request by Kimaya, LLC, for preliminary subdivision approval of a mixed-use subdivision, consisting of 668 multiple-family residential units and 16 commercial parcels, to be known as ‘Palm Bay Pointe West’, which property is located west of and adjacent to Babcock Street, in the vicinity north and south of St. Johns Heritage Parkway (84.75 acres) (Case PS23-00011). (CONTINUED TO 09/04/24 P&Z AND 09/19/24 RCM)

 

CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA:

 

NEW BUSINESS:

 

1.

Ordinance 2024-31, providing for a referendum election to be held on November 5, 2024, for the purpose of determining whether the City Charter should be amended, first reading.

 

2.

Consideration of 2024 Certification of Taxable Value; Fiscal Year 2025 proposed Operating Millage Rate; Fiscal Year 2025 proposed Debt Millage Rate; and scheduling dates for the budget public hearings.

 

3.

Consideration of salary increases for the Chief Deputy City Attorney and two (2) Deputy City Attorneys.

 

4.

Consideration of submitting an application for the Fiscal Year 2024 Regional Catastrophic Preparedness Grant Program. (AGENDA REVISION)

 

5.

Consideration of utilizing General Fund Undesignated Fund Balance and authorization of a special procurement waiver to lease/purchase portable traffic signals from Horizon Signal Southeast ($291,950). (AGENDA REVISION)

 

6.

Discussion of process to utilize Opioid settlement funds. (AGENDA REVISION)

 

COMMITTEE AND COUNCIL REPORTS:

 

1.

Committee/Council Reports

 

ADMINISTRATIVE AND LEGAL REPORTS:

 

PUBLIC COMMENTS/RESPONSES:

 

Public comments will be heard by the City Council on non-agenda issues. Speakers must complete 'Public Comment Cards' (orange) and are limited to three (3) minutes each.

 

ADJOURNMENT:

 

 

Councilmembers who are members of the Space Coast Transportation Planning Organization (TPO) may discuss TPO issues which may subsequently be addressed by the TPO.

 

If an individual decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, a record of the proceedings will be required, and the individual will need to ensure that a verbatim transcript of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based (FS 286.0105). Such person must provide a method for recording the proceedings verbatim.

 

Any aggrieved or adversely affected person desiring to become a party in the quasi-judicial proceeding shall provide written notice to the City Clerk which notice shall, at a minimum, set forth the aggrieved or affected person's name, address, and telephone number, indicate how the aggrieved or affected person qualifies as an aggrieved or affected person and indicate whether the aggrieved or affected person is in favor of or opposed to the requested quasi-judicial action. The required notice must be received by the Clerk no later than five (5) business days at the close of business, which is 5 p.m., before the hearing. (Section 59.03, Palm Bay Code of Ordinances).

 

In accordance with the Americans with Disabilities Act, persons needing special accommodations for this meeting shall, at least 48 hours prior to the meeting, contact the Office of the City Clerk at (321) 952-3414 or Florida Relay System at 711.

 

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Pursuant to Council Policies and Procedures, members of the public wishing to use electronic media when addressing City Council must provide the electronic file to staff for screening no later than 2:00 P.M. on the day of the meeting; audio presentations must be submitted to the City Clerk at least twenty-four (24) hours prior to the meeting

 

 

THIS MEETING IS BROADCAST LIVE ON THE CITY'S WEBSITE AND TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL.