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120 Malabar Road SE Palm Bay, FL 32907 (321) 952-3400 www.palmbayflorida.org | Mayor ROB MEDINA Deputy Mayor DONNY FELIX Councilmembers KENNY JOHNSON PHILIP WEINBERG VACANT |
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AGENDA |
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Regular Council Meeting 2024-28 Thursday |
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November 07, 2024 – 6:00 PM Council Chambers, 120 Malabar Road SE, Palm Bay FL 32907 |
CALL TO ORDER: |
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INVOCATION: |
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1. | Pastor Mark Miller, Victory in Christ Jesus Ministries – Palm Bay. |
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PLEDGE OF ALLEGIANCE: |
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ROLL CALL: |
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ANNOUNCEMENTS: |
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1. | Three (3) vacancies on the Youth Advisory Board (represents 'at-large student member' positions).++ |
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2. | One (1) vacancy on the Community Development Advisory Board to represents one (1) of the following fields relating to affordable housing: (‘banking industry’, ‘residential home building’, ‘actively engaged in home building’, or ‘for-profit provider’ positions).++ |
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3. | One (1) vacancy on the Melbourne-Tillman Control District.++ |
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AGENDA REVISIONS: |
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1. | A proclamation recognizing Veterans Remembrance Month has been added as Item 2, under Proclamations and Recognitions. |
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PROCLAMATIONS AND RECOGNITIONS: |
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1. | Proclamation: National Veterans Small Business Week – November 11-15, 2024. |
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2. | Veterans Remembrance Month – November 2024. (Mayor Medina) (AGENDA REVISION) |
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PRESENTATIONS: |
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1. | Justin Travis, USA BMX – feasibility analysis of potential site. |
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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. |
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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. |
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1. | Adoption of Minutes: Regular Meeting 2024-24; September 19, 2024. |
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2. | Resolution 2024-43, amending Resolution 2024-33, which established rates, fees and charges pursuant to the Code of Ordinances for specified chapters and sections therein. |
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3. | Ordinance 2024-59, amending the Code of Ordinances, Chapter 55, Police and Firefighters Retirement Pension Plan, by modifying provisions related to retirement dates and benefits for firefighter members, first reading. |
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4. | Ordinance 2024-60, amending the Fiscal Year 2023-2024 budget by appropriating and allocating certain monies (fifth budget amendment), first reading. |
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5. | Consideration of a License Agreement with the Florida Department of Transportation (FDOT) to connect to the FDOT Intelligent Transportation System. |
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6. | Consideration of a grant agreement with the Florida Department of Transportation for the ”Know Your Limits” project to address speed and aggressive driving. |
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7. | Consideration of an additional grant funding request from Save Our Indian River Lagoon Project Plan from Brevard County for ’City of Palm Bay Septic to Sewer Project Area – Zone A’ (SOIRL Project 2016-39 - $247,612). |
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8. | Consideration of submitting a grant application to Brevard County’s Save Our Indian River Lagoon Project Plan Grant Program to fund Phase 2 of the City’s Mandatory Connection Program. |
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9. | Consideration of participating in the Florida Department of Law Enforcement’s Forensic Investigative Genetic Genealogy Grant Program. |
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10. | Consideration of utilizing General Fund Undesignated Fund Balance for a one-time upgrade for public safety radio communications ($214,327). |
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11. | Consideration of allocating additional General Fund Undesignated Fund Balance to pay for the grade crossing maintenance work at Hessey Avenue and Palm Bay Road ($65,634). |
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12. | Consideration of allocating General Fund Undesignated Fund Balance to install traffic calming measures on Meadowbrook Road ($46,568). |
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13. | Consideration of allocating General Fund Undesignated Fund Balance for payment of penalty for late submission of tax forms to the Internal Revenue Service ($54,550). |
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14. | Consideration of allocating General Fund Undesignated Fund Balance for payment of death benefits for a firefighter ($75,000). |
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15. | Consideration of appropriating funds from Utilities Impact Fee Undesignated Fund Balance for upgrades to the water main improvements by CHM Palm Bay, LLC (owner of the Shoppes at Cypress Bay) ($245,639). |
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16. | Consideration of travel and training for specified City employees (Office of the City Manager/Community and Economic Development Department). |
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17. | Consideration of travel and training for specified City employees (Growth Management Department). |
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18. | Acknowledgment of the City’s monthly financial report for August 2024 (Unaudited). |
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PUBLIC HEARINGS: |
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1. | Ordinance 2024-45, rezoning all RM-10 (Single-, Two-, Multiple-Family Residential) zoning district properties within the city limits to RM-15 (Single-, Two-, Multiple-Family Residential District) (Case Z24-00004, City of Palm Bay), final reading. (Quasi-Judicial Proceeding) |
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2. | Ordinance 2024-46, rezoning all SF-1 (Single-Family Residential) zoning district properties within the city limits to RS-1 (Single-Family Residential District) (Case Z24-00005, City of Palm Bay), final reading. (Quasi-Judicial Proceeding) |
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3. | Ordinance 2024-55, rezoning all BMUV (Bayfront Mixed Use Village District) zoning district properties within the city limits to UMU (Urban Mixed-Use District) (Case Z24-00007, City of Palm Bay), final reading. (Quasi-Judicial Proceeding) |
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4. | Ordinance 2024-56, rezoning all BMU (Bayfront Mixed Use District) zoning district properties within the city limits to CMU (Community Mixed-Use District) (Case Z24-00008, City of Palm Bay), final reading. (Quasi-Judicial Proceeding) |
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5. | Ordinance 2024-57, vacating a portion of the rear public utility and drainage easement located within Lot 8, Block 2026, Port Malabar Unit 46 (Case VE-11-2024, David and Traci McAbee), final reading. |
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6. | Ordinance 2024-61, vacating a portion of the rear public utility and drainage easement located within Lot 10, Block 608, Port Malabar Unit 13 (Case VE-10-2024, Michael and Marie Broccoli), first reading. |
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7. | Resolution 2024-40, granting a conditional use to allow the construction of a dock within C (Conservation District) zoning on property located north of and adjacent to Port Malabar Boulevard, in the vicinity east of Clearmont Street (10.00 acres) (Case CU23-00015, Richard Pribell and Joyce Lochan-Pribell). (Quasi-Judicial Proceeding) (CONTINUED FROM 10/17/24 RCM) |
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8. | Resolution 2024-41, granting a conditional use for a self-storage facility in CC (Community Commercial District) zoning, on property located south of and adjacent to Emerson Drive, in the vicinity east of St. Johns Heritage Parkway (3.57 acres) (Case CU24-00004, Ascot Palm Bay Holdings, LLC). (Quasi-Judicial Proceeding) (CONTINUED FROM 10/17/24 RCM) |
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9. | Resolution 2024-42, granting a conditional use to allow retail automotive gas/fuels in CC (Community Commercial District) zoning, on property located west of and adjacent to St. Johns Heritage Parkway, in the vicinity west of Emerson Drive (2.00 acres) (Case CU24-00007, Ascot Palm Bay Holdings, LLC). (Quasi-Judicial Proceeding) (CONTINUED FROM 10/17/24 RCM) |
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10. | Resolution 2024-39, granting a conditional use to allow retail automotive gas/fuel sales in CC (Community Commercial District) zoning on property located at the southeast corner of Babcock Street and Malabar Road (1.15 acres) (Case CU24-00006, Royal Wash PSL LLC). (RENDERED MOOT DUE TO DENIAL OF CASE Z24-00002) |
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CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA: |
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NEW BUSINESS: |
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1. | Consideration of the City's 2025-2026 State Legislative Priorities. |
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2. | Consideration of scheduling a workshop meeting in November 2024. |
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COUNCIL REPORTS: |
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ADMINISTRATIVE AND LEGAL REPORTS: |
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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. |
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ADJOURNMENT: |
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Councilmembers who are members of the Space Coast Transportation Planning Organization (TPO) may discuss TPO issues which may subsequently be addressed by the TPO. |
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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. |
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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). |
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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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If you use assistive technology (such as a Braille reader, a screen reader, or TTY) and the format of any material on this website or documents contained therein interferes with your ability to access information, please contact us. To enable us to respond in a manner most helpful to you, please indicate the nature of your accessibility problem, the preferred format in which to receive the material, the web address of the requested material, and your contact information. Users who need accessibility assistance can also contact us by phone through the Federal Information Relay Service at 1-800-877-8339 for TTY/Voice communication. |
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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 |
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THIS MEETING IS BROADCAST LIVE ON THE CITY'S WEBSITE AND TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL. |