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									                           CITY OF PALM BAY, FLORIDA

                 REGULAR COUNCIL MEETING NO. 2007-34

Held on Thursday, the 1st day of November 2007, at the City Hall Council Chambers, 120
Malabar Road, SE, Palm Bay, Florida.

This meeting was properly noticed pursuant to law; the minutes are on file in the Office of
the City Clerk, City Hall, Palm Bay, Florida.

The meeting was called to order at the hour of 7:00 P.M.

Pastor Ken Delgado, House of Prayer, Palm Bay, gave the invocation, which was followed
by the Pledge of Allegiance to the Flag.

MAYOR:                             John J. Mazziotti           Present
DEPUTY MAYOR:                      Ed Geier                    Present
COUNCILMEMBER:                     Patrick Woodard             Present
COUNCILMEMBER:                     Donna Brooks                Present
COUNCILMEMBER:                     Andy Anderson               Present
CITY MANAGER:                      Lee Feldman                 Present
CITY ATTORNEY:                     Nicholas Tsamoutales        Present
DEPUTY CITY CLERK:                 Terese Barber               Present

CITY STAFF: Present were Sue Hann and Jon Lewis, Deputy City Managers; and David
Watkins, Growth Management Director.

ANNOUNCEMENTS:

Mayor Mazziotti announced the following vacancies and terms expiring and solicited
applications for same:

  1. Three (3) vacancies on the Board of Adjustments and Appeals (represents
'architect', 'fire safety' and 'engineer' positions).
  2. One (1) vacancy on the Library Advisory Board.
  3. One (1) vacancy on the Community Development Advisory Board (represents
'real estate professional').
  4. Two (2) terms expiring on the Code Enforcement Board.
  5. Three (3) terms expiring on the Library Advisory Board.

RECOGNITIONS AND PROCLAMATIONS:

  1. National Geographic Information System Day – November 14, 2007. Mayor
Mazziotti read the proclamation and presented it to Crystal Phillips-Mustain, GIS Manager,
Information and Innovation Department.
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 2 of 15

2. Palm Bay Police Department – ceremony to administer police officer’s oath.
Chief William Berger administered the police officer’s oath to Terrence Glover, Robert
Rama, Melissa Rogers, Lance Fisher, and Michael Smith.

PRESENTATIONS:

 1. Utilities Department - update. Jason Yarborough, Utilities Director, provided
background information on the various utilities plants, and gave an update on ongoing
projects, infrastructure expansion, and future planning. He recognized the Department
personnel who were in attendance.

AGENDA REVISIONS:

Mr. Feldman stated that Florida Rock Industries, Inc. had requested a continuance for Item
Nos. 6 and 7, under Public Hearings, to the December 6, 2007, regular Council meeting.

Motion by Deputy Mayor Geier, seconded by Mrs. Brooks, to continue the requests. Mr.
Tsamoutales stated the applicant would be responsible for the costs of readvertising.
Motion carried with members voting as follows: Mayor Mazziotti, Yea; Deputy Mayor Geier,
Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman Anderson, Yea.

CONSENT AGENDA:

All items of business marked with an asterisk were considered under Consent Agenda and
enacted by the following motion:

Motion by Deputy Mayor Geier, seconded by Mr. Anderson, that the Consent Agenda be
approved as presented with the removal of Item No. 6, under New Business, from consent.
Motion carried with members voting as follows: Mayor Mazziotti, Yea; Deputy Mayor Geier,
Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman Anderson, Yea.

Matt Russ, President, Summerfield at Bayside Lakes Homeowners Association, asked
that the City Council reverse its decision of July 19, 2007, relating to the u-turn at
Windbrook Drive, widening the shoulder at Windbrook Drive, and the left turn lane for
Dateland Road. He felt the changes were detrimental to the residents of Summerfield and
were a misuse of taxpayers’ funds. He also asked that the City Council approve
installation of traffic control lights at Walden Boulevard.

Mr. Feldman advised that residents of Dateland Road approached the City Council in 2004
expressing concern that a closed median would cut off access to their homes. The City
Council ultimately approved a plan that would create a turn lane going into Dateland from
northbound traffic. In addition, an accommodation was made to the shoulder for the u-turn
at Windbrook. The work was currently in process. Although the homeowners association
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 3 of 15

did not exist at that time, there was still a public hearing for residents in the area to speak
on the topic. Mr. Feldman advised that staff had met with the residents and felt there was
no modification that would satisfy the homeowners aside from stopping the project
altogether. Council concurred that the project would continue as designed. Mr. Woodard
stated the accommodation should be made for emergency personnel only. It was
suggested that any minor changes be addressed by the Public Works Department.

ADOPTION OF MINUTES:

* 1. Regular Council Meeting No. 2007-32; October 18, 2007;
* 2. Special Council Meeting No. 2007-33; October 25, 207.

The minutes, considered under Consent Agenda, were approved as presented.

PUBLIC HEARINGS:

  1. Ordinance No. 2007-98, vacating a portion of the side twenty (20) foot public
utility and drainage easement located within Lot 15, Block 642, Port Malabar Unit 13
(668 Castanada Street, NW)(Case No. VE-16-2007, Theodore and Janet Burns), for
final reading.

The City Attorney read the ordinance in caption only. The public hearing was opened and
closed as there were no comments.

Motion by Mr. Woodard, seconded by Mr. Anderson, to adopt Ordinance No. 2007-98.
Motion carried with members voting as follows: Mayor Mazziotti, Yea; Deputy Mayor Geier,
Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman Anderson, Yea.

 2. Ordinance No. 2007-99, vacating a portion of the rear twenty (20) foot public
utility and drainage easement located within Lot 21, Block 2512, Port Malabar Unit 48
(601 Hamm Street, NW)(Case No. VE-17-2007, Catherine Angueira), for final reading.

The City Attorney read the ordinance in caption only. The public hearing was opened and
closed as there were no comments.

Motion by Mr. Woodard, seconded by Mr. Anderson, to adopt Ordinance No. 2007-99.
Motion carried with members voting as follows: Mayor Mazziotti, Yea; Deputy Mayor Geier,
Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman Anderson, Yea.

 3. Ordinance No. 2007-100, vacating a portion of the rear ten (10) foot public utility
and drainage easement located within Lot 3, Block 143, Port Malabar Unit 6 (1767
Brookside Street, NE)(Case No. VE-18-2007, Brenda Muh), for first reading.
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 4 of 15

The City staff recommended that the request be approved.

The City Attorney read the ordinance in caption only. The public hearing was opened and
closed as there were no comments.

Motion by Mr. Woodard, seconded by Mr. Anderson, to adopt Ordinance No. 2007-100.
Motion carried with members voting as follows: Mayor Mazziotti, Yea; Deputy Mayor Geier,
Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman Anderson, Yea.

 4. Ordinance No. 2007-102, amending the Code of Ordinances, Land Development
Code, Chapter 185, Zoning Code, by amending the criteria for conversion of garages
to living areas (Case No. T-28-2007, City of Palm Bay), for first reading.

The Planning and Zoning Board recommended that the request be approved.

The City Attorney read the ordinance in caption only. The public hearing was opened and
closed as there were no comments.

Motion by Mr. Woodard, seconded by Mrs. Brooks, to adopt Ordinance No. 2007-102.
Mayor Mazziotti asked if the entire garage space would be used as an additional room. Mr.
Feldman stated the ordinance only addressed that the garage door had to be in place and
did not have to be operational. Mayor Mazziotti asked for clarification on the placement of
the wall behind the garage. Mr. Watkins stated there was no requirement to have a four
foot space between the garage door and construction of a wall. Currently, construction of
the wall would line up with the front wall of the house which was less than a foot behind the
garage door. Mayor Mazziotti expressed concern about the possibility of doing away with
the garage altogether. He asked if there would be a violation once the room was created
as there was no longer a full garage. Mr. Watkins stated the City Code allowed for only the
homeowner to enclose the garage after the home was built, not the builder. Motion carried
with members voting as follows:

              Mayor Mazziotti                     Nay
              Deputy Mayor Geier                  Yea
              Councilman Woodard                  Yea
              Councilwoman Brooks                 Nay
              Councilman Anderson                 Yea

5. Ordinance No. 2007-103, rezoning property located east of and adjacent to
Insterstate 95, at the northwest corner of Ring Avenue and Pennykamp Street, from
HC (Highway Commercial District) to GC (General Commercial District)(2.92
acres)(Case No. Z-26-2007, JSD, LLC), for first reading.
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 5 of 15

The Planning and Zoning Board recommended that the request be approved based upon
the Analysis section of the Staff Report.

There were no ex parte communications to be disclosed by Council.

The City Attorney read the ordinance in caption only. The public hearing was opened and
closed as there were no comments.

Motion by Deputy Mayor Geier, seconded by Mrs. Brooks, to adopt Ordinance No. 2007-
103. Motion carried with members voting as follows: Mayor Mazziotti, Yea; Deputy Mayor
Geier, Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman
Anderson, Yea.

6. Ordinance No. 2007-104, rezoning property located between Kirby Circle and the
Florida East Coast Railway, in the vicinity north of Hudson Avenue, from LI (Light
Industrial and Warehousing District) to HI (Heavy Industrial District)(5.00 acres)(Case
No. Z-20-2007, Florida Rock Industries, Inc.), for first reading.

The item, considered under Agenda Revisions, was rescheduled to the December 6, 2007,
regular Council meeting.

7. Request by Florida Rock Industries, Inc. for a conditional use for a concrete
plant in HI (Heavy Industrial District) zoning on property located between Kirby Circle
and the Florida East Coast Railway, in the vicinity north of Hudson Avenue (5.00
acres)(Case No. CU-21-2007).

The item, considered under Agenda Revisions, was rescheduled to the December 6, 2007,
regular Council meeting.

8. Resolution No. 2007-57, granting a conditional use to permit dancing in a
drinking establishment in CC (Community Commercial District) zoning on property
located north of and adjacent to Palm Bay Road, in the vicinity west of Pinewood
Drive (4.08 acres)(Case No. CU-23-2007, Club Vegas of Palm Bay, Inc.).

The Planning and Zoning Board recommended that the request be approved subject to the
requirements and conditions of the Staff Report.

There were no ex parte communications to be disclosed by Council.

The City Attorney read the resolution in caption only. The public hearing was opened. A
resident adjacent to the property felt surrounding areas would be negatively affected due to
the noise and would have no recourse for same. Mr. Joseph O’Dell and Ms. Sharon Syfert,
applicants, presented the request to Council. Mr. O’Dell advised that styrofoam had been
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 6 of 15

increased from two inches to four inches for soundproofing. Mr. Anderson asked if patrons
used the door near the pool area. Mr. O’Dell stated the doors were for emergencies only.
Ms. Syfert felt the main problem with noise was possibly due to patrons entering and
leaving the premises. They were seeking alternatives to alleviate the issue, possibly an
alcove which would require patrons to enter through two separate doorways. She stated
the rear entrance door was a problem as it was also an entrance to the club. The hotel
owner preferred that the back entrance be used for the club, but patrons were allowed to
use the front entrance as well. Mr. Anderson suggested placing a time limit on the use of
the rear entrance. The public hearing was closed.

Motion by Deputy Mayor Geier, seconded by Mr. Woodard, to adopt Resolution No. 2007-
57. Mr. Woodard expressed concern regarding the potential for noise complaints and
disturbances outside of the club. He was also concerned about an open-ended conditional
use that could not be addressed at a later date if there were further problems. He asked if
the conditional use could be approved contingent upon a specific time frame. Mr.
Tsamoutales advised that one of the criterions for conditional uses within the City Code
read that development and operation of the proposed use would be in full compliance with
any additional condition and safeguard that the City Council may prescribe. He stated a
time limit was within the realm of those conditions.

Deputy Mayor Geier asked if a stipulation could be included that the conditional use would
become null and void should the club be sold by the present owners. Mr. Tsamoutales
confirmed same. Deputy Mayor Geier asked if there would be additional application fees
to the owner if it was Council’s request that the conditional use be revisited in six months.
Mr. Tsamoutales felt no fees should be charged.

Mayor Mazziotti asked about the soundproof verification by the Police Department. Mr.
Feldman felt that it was not the function of a police officer to determine the structural
integrity of a building. The City Code stated that you should not be able to hear any
audible signal from the property within fifty feet of the property line. Mr. Feldman
suggested that the applicant be responsible for complying with the City Code versus the
City designing a solution for him.

Mrs. Brooks asked that a stipulation be included that all security be off duty police officers.
She also wanted the officers present whenever the business was open, not just on
weekends. Mr. Woodard asked for clarification of staff’s comments regarding police
services on other nights. Mr. Feldman advised that staff had recommended off duty police
officers when the business was in operation. The applicant had requested that it be limited
to Friday and Saturday.

Motion by Mr. Woodard, seconded by Deputy Mayor Geier, to amend Resolution No. 2007-
57, subject to: 1) staff comments; 2) inclusion of a 'sunset' provision for six (6) months, with
a subsequent provision that the resolution would be readdressed by the City Council prior
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 7 of 15

to the expiration of the conditional use; 3) a minimum of two (2) off duty police officers be
present on Fridays, Saturdays, and during special events; and 4) any changes in
ownership of the establishment would be subject to the approval of City Council. Motion
carried with members voting as follows: Mayor Mazziotti, Yea; Deputy Mayor Geier, Yea;
Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman Anderson, Yea.

The original motion, as amended, carried with members voting as follows: Mayor Mazziotti,
Yea; Deputy Mayor Geier, Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea;
Councilman Anderson, Yea.

  9. Request by Walter and Anne Straub to vacate a portion of the rear twenty (20)
foot public utility easement located within Lot 2, Block 10, Plat of Tillman (2802
Outlook Court, NE)(Case No. VE-19-2007)(RESCHEDULED TO RCM – 11/15/07).
 10. Request by DiVosta Homes, LP for a final planned unit development to be
known as Waterstone Plat 2 North PUD on property located at the north central
portion of Waterstone PUD, west of Babcock Street, south of and adjacent to
Melbourne Tillman Water Control District Canal No. 38 (97.54 acres)(Case No. PUD-
15-2007)(RESCHEDULED TO P&Z – 11/07/07).
  11. Request by Lennar Homes for a final planned unit development to be known as
Chaparral PUD Phase 1 on property located south of and adjacent to Malabar Road,
between Brentwood Lakes PUD and Malabar Lakes West subdivision (98.05
acres)(Case No. PUD-18-2007)(RESCHEDULED TO P&Z – 11/07/07).

BOARD AND COMMITTEE REPORTS:

There were no reports.

PROCUREMENTS:

Award of Bid:

* 1. Portable pump – Government State Agency contract – Utilities Department
(Godwin Pumps of America - $47,777).

Staff Recommendation: Approve the purchase of a Godwin Dri-Prime Pump, CD Series
Model No. CD225M trailer mounted, critically silenced portable pump to be used for
bypassing wastewater flows up to 3,200 GPM in pump stations and collection systems
during emergency situations or system failures from Godwin Pumps of America, Lakeland,
in the amount of $47,776.66.

The item, considered under Consent Agenda, was approved as recommended by City
staff.
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 8 of 15

Award of Proposal:

* 1. Sternvent bin vent dust collectors – RFP No. 78-0-2007 – Utilities Department
(Airflow Engineered Systems - $38,600).

Staff Recommendation: Approve the purchase of two (2) Sternvent Bin Vent Dust
Collectors with options for: 1) internal safety grating; 2) motor controller for fan and Shaker
motors; and 3) painting of unit, to Airflow Engineered Systems, Clearwater, in the amount
of $38,600.08. The Dust Collectors would be installed at the Troutman Lime Softening
Plant silos.

The item, considered under Consent Agenda, was approved as recommended by City
staff.

* 2. Asphalt, additional - RFP No. 91-0-2006 - Public Works Department (APAC
Southeast - $86,000).

Staff Recommendation: Approve the purchase of asphalt to complete paving for Jupiter
Boulevard/Eldron Boulevard intersection improvements to APAC Southeast, Melbourne, in
the estimated amount of $86,000.00.

The item, considered under Consent Agenda, was approved as recommended by City
staff.

Waive of Bid Process and Award:

* 1. Cloth media filter equipment – Utilities Department (Aqua-Aerobic Systems, Inc.
- $526,638 (sole source)).

Staff Recommendation: Waive the bid process and award the purchase of two (2) cloth
media disc filters to upgrade the existing system at the Water Reclamation Facility to Aqua-
Aerobic Systems, Inc., Rockford, Illinois, as sole source, in the amount of $526,637.80.

The item, considered under Consent Agenda, was approved as recommended by City
staff.

Contracts:

* 1. Belt filter press design and construction administration, Troutman Wastewater
Treatment Plant; lift stations and force main improvements – RFQ 56-0-2007 –
Utilities Department (Wade Trim - $429,892).
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 9 of 15

Staff Recommendation: Approve the contract with Wade Trim, Inc. for the design and
construction administration for the Troutman Wastewater Treatment Plant belt filter press,
lift station, and force main improvements, in the amount of $429,892.00.

The item, considered under Consent Agenda, was approved as recommended by City
staff.

* 2. Engineering services, Palm Bay Road landscaping and irrigation – RFQ No. 72-
0-2007 (Miller Legg).

Staff Recommendation: Approve the final ranking for Engineering Services for the Palm
Bay Road landscaping and irrigation, and authorize staff to begin negotiations with the top-
ranked firm of Miller Legg, Winter Park. If an agreement could not be reached, authorize
negotiations with the second-ranked firm of PBS&J, Inc., Melbourne.

The item, considered under Consent Agenda, was approved as recommended by City
staff.

UNFINISHED AND OLD BUSINESS:

 1. Appointment of one (1) member to the Municipal Charter School Authority.

Motion by Mr. Woodard, seconded by Deputy Mayor Geier, to appoint Milo Zonka to the
Authority. Motion carried with members voting as follows: Mayor Mazziotti, Yea; Deputy
Mayor Geier, Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman
Anderson, Yea.

PUBLIC COMMENTS: (Non-agenda Items Only)

There were no public comments.

COUNCIL BUSINESS:

MR. ANDERSON:
 1. Pleased with road paving on Emerson Drive near Fred Lee Park.
 2. Thanked Council, family, City staff, and residents for support during his tenure as
Councilman.

MRS. BROOKS:
 1. Enjoyed serving on Council with Mr. Anderson and thanked him for his service to the
City.
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 10 of 15

MR. WOODARD; DEPUTY MAYOR GEIER:
 1. Thanked Mr. Anderson for his service.

MAYOR MAZZIOTTI:
 1. Reported another Chinese product recall.

NEW BUSINESS:

* 1. Resolution No. 2007-58, adopting the City of Palm Bay’s Public Works Manual.

The City Attorney read the resolution in caption only. The resolution was approved under
Consent Agenda.

* 2. Resolution No. 2007-59, adopting the City of Palm Bay’s Right-of-Way Use
Procedures and Requirements Manual.

The City Attorney read the resolution in caption only. The resolution was approved under
Consent Agenda.

 3. Resolution No. 2007-60, providing for a master resolution for the issuance of
special obligation bonds of the City.

The City Attorney read the resolution in caption only.

Motion by Deputy Mayor Geier, seconded by Mr. Woodard, to adopt Resolution No.
2007-60. Motion carried with members voting as follows: Mayor Mazziotti, Yea; Deputy
Mayor Geier, Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman
Anderson, Yea.

 4. Resolution No. 2007-61, authorizing the issuance of not more than $40 million in
taxable special obligations bonds for the purpose of discharging the City’s unfunded
actuarial accrued liability of the Police and Firefighters pension plan.

The City Attorney read the resolution in caption only.

Motion by Deputy Mayor Geier, seconded by Mrs. Brooks, to adopt Resolution No.
2007-61. Motion carried with members voting as follows: Mayor Mazziotti, Yea; Deputy
Mayor Geier, Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman
Anderson, Yea.

 5. Resolution No. 2007-62, authorizing the consummation of an interest rate swap
relating to the City’s Taxable Special Obligation Bond, Series 2007.
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 11 of 15

The City Attorney read the resolution in caption only.

Motion by Deputy Mayor Geier, seconded by Mr. Woodard, to adopt Resolution No.
2007-62. Motion carried with members voting as follows: Mayor Mazziotti, Yea; Deputy
Mayor Geier, Yea; Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman
Anderson, Yea.

 6. Resolution No. 2007-63, encouraging the School Board of Brevard County to
establish a community-based committee to consider names for the high school to be
constructed in west Palm Bay.

The City Attorney read the resolution in caption only.

Motion by Mr. Woodard, seconded by Deputy Mayor Geier, to adopt Resolution No.
2007-63. Deputy Mayor Geier felt the School Board should not have changed its process
on the naming of high schools. He said a committee was needed to provide
recommendations and the current policy should remain that high schools were not named
after individuals. He asked that staff attend the School Board meeting on December 11,
2007, and convey Council’s comments. Mayor Mazziotti felt the policy should remain as it
had in the past and allow the City to be involved in the decision making process. He asked
that residents attend the School Board meeting and voice their concerns. Mrs. Brooks
asked if the City could provide a bus to transport residents who wished to attend the
meeting. Staff would organize same. Motion carried with members voting as follows:
Mayor Mazziotti, Yea; Deputy Mayor Geier, Yea; Councilman Woodard, Yea;
Councilwoman Brooks, Yea; Councilman Anderson, Yea.

* 7. Resolution No. 2007-64, requesting the State of Florida Legislature to continue
appropriations for financial incentives for public school teachers who receive
National Board certification.

The City Attorney read the resolution in caption only. The resolution was approved under
Consent Agenda.

* 8. Ordinance No. 2007-105, amending the Fiscal Year 2006-2007 budget by
appropriating and allocating certain monies (fifth budget amendment).

The City Attorney read the ordinance in caption only. The ordinance was approved under
Consent Agenda.
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 12 of 15

* 9. Ordinance No. 2007-106, amending the Code of Ordinances, Legislative,
Chapter 54, Franchises, by providing for adjustments to the water meter installation
charge.

The City Attorney read the ordinance in caption only. The ordinance was approved under
Consent Agenda.

*10. Ordinance No. 2007-107, amending the Code of Ordinances, Legislative,
Chapter 55, Police and Firefighters Pension Plan, by increasing the overtime hours
in the definition of “Compensation or Salary”.

The City Attorney read the ordinance in caption only. The ordinance was approved under
Consent Agenda.

*11. Ordinance No. 2007-108, amending the Code of Ordinances, Legislative,
Chapter 55, Police and Firefighters Pension Plan, to implement provisions of the
collective bargaining agreements with the International Association of Firefighters,
Local 2446.

The City Attorney read the ordinance in caption only. The ordinance was approved under
Consent Agenda.

*12. Request by First Pentecostal Church of South Brevard for site plan approval for
off-site parking on property located south of and adjacent to Americana Boulevard,
in the vicinity east of Emerson Drive (3.13 acres)(Case No. SP-27-2007).

City Staff and Planning and Zoning Board Recommendation: Approve the request based
upon the Analysis section of the Staff Report.

The item, considered under Consent Agenda, was approved as recommended by City staff
and the Planning and Zoning Board.

*13. Consideration of an amendment to the agreement with the Division of
Emergency Management for the Wyoming Drive and Sandusky Street drainage
project.

Staff Recommendation: Authorize the Mayor to execute the contract amendment.

The item, considered under Consent Agenda, was approved as recommended by City
staff.
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 13 of 15

*14. Consideration of submitting a letter of support to the State of Florida
Acquisition and Restoration Council for the Boundary Canal Trail extension to
Malabar Sandhill Trailhead.

Staff Recommendation: Authorize the Mayor to sign the letter.

The item, considered under Consent Agenda, was approved as recommended by City
staff.

*15. Consideration of amending the towing rates by increasing the mileage for
wrecker service.

Staff Recommendation: Direct staff to prepare a resolution increasing the mileage rate by
fifty cents ($.50) for Class A, B, and C wreckers.

The item, considered under Consent Agenda, was approved as recommended by City
staff.

 16. Request by Palm Bay West Development, LLC for an extension to the
commencement period granted for a planned commercial development in CC
(Community Commercial District) zoning on property located east of and adjacent to
Culver Drive, in the vicinity south of Palm Bay Road (24.05 acres)(Case No. CU-50-
2006).

Staff Recommendation: Extend the commencement period granted for the conditional use
for a planned commercial development to November 2, 2008.

Motion by Mr. Woodard, seconded by Mrs. Brooks, to approve the request. Motion carried
with members voting as follows: Mayor Mazziotti, Yea; Deputy Mayor Geier, Yea;
Councilman Woodard, Yea; Councilwoman Brooks, Yea; Councilman Anderson, Yea.

17. Consideration of a development agreement with Palm Bay West Development,
LLC for the proposed Interstate Business Center.

Staff Recommendation: Authorize the City Manager to conclude negotiations and
authorize the Mayor to execute the Development Agreement.

Mr. Philip Nohrr, attorney for the applicant, presented the request to Council. Mr. Feldman
advised that Council had initially reviewed the draft at its meeting on September 6, 2007.
Council had expressed concern regarding the proposed four-laning of Culver Drive. The
matter was postponed and a new agreement had been drafted for Council’s consideration
as to whether the road should be four-laned or the existing road configurations modified
pertaining to turn lanes. Mr. Feldman advised that the agreement had not been reviewed
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 14 of 15

by staff, legal counsel, or had final negotiation with the applicant. He stated the applicant
was asking for direction from Council with regard to the agreement, not for approval.
Mayor Mazziotti did not want the project to move forward with the current condition of Palm
Bay Road unless the increased traffic on Culver Drive was addressed. Mr. Nohrr stated
that Phase One, from a concurrency point of view, required no modifications to Palm Bay
Road or Culver Drive except for the turn lanes. Phase One included an office park and
general office buildings.

Mayor Mazziotti asked if the four-laning of Culver Drive could be completed before the start
of the Palm Bay Road construction. He did not want both areas under construction at the
same time. He preferred that Palm Bay Road be done first. Mr. Woodard said that Culver
Drive should be four-laned because a smaller road with more traffic would frustrate drivers.

Deputy Mayor Geier asked for a timeframe on the completion of Culver Drive. Mr.
Feldman stated much of the timing was contingent upon the applicant’s phasing of the
project. He said that the initial development agreement stated that Culver Drive had to be
completed prior to beginning Phase Two. Mr. Nohrr estimated a timeframe of 2009 before
the four-laning would be completed.

Motion by Mr. Woodard, seconded by Mrs. Brooks, to approve the initial development
agreement which included the four-laning of Culver Drive. Mayor Mazziotti said that once
the first phase was completed, there was no guarantee that the four-laning would be done
if Phase Two was never initiated. Mr. Nohrr advised that as part of Phase One, the design,
permit, and construction of the roadway project would be required. Mayor Mazziotti wanted
complete road construction during Phase One. Mr. Feldman stated the agreement also
required that the applicant post an irrevocable letter of credit before beginning roadway
construction. Mr. Anderson wanted assurance that Palm Bay Road and Culver Drive would
not be under construction at the same time.

Motion carried with members voting as follows:

              Mayor Mazziotti                     Nay
              Deputy Mayor Geier                  Yea
              Councilman Woodard                  Yea
              Councilwoman Brooks                 Yea
              Councilman Anderson                 Yea

 18. Consideration of an agreement with the School Board of Brevard County for
school resource officers at Southwest Middle School, Bayside and Palm Bay High
Schools.
City of Palm Bay, Florida
Regular Council Meeting No. 2007-34
Minutes – November 1, 2007
Page 15 of 15

Staff Recommendation: Authorize the City Manager to: 1) accept the District’s offer of a
contract for the amount of $82,456; 2) authorize continued negotiation with the District for
another month; or 3) discontinue the School Resource Officer Program until a contract for
services with the District was in place.

Mr. Feldman stated a contract had been submitted to the School Board which did not have
full cost reimbursement, but was based upon fifty-five percent (55%) of modified benefits.
The issue with the School Board was whether retirement contributions made by the City on
behalf of police officers were considered fringe benefits. The City felt the contributions
were considered fringe benefits, but the School Board disagreed. It was understood that
the School Board had agreements with other agencies to reimburse for same.

Deputy Mayor Geier wanted a contract by December 25, 2007, with the same arrangement
as received by other municipalities. Mr. Woodard asked that negotiations continue for
another month. Mrs. Brooks agreed with same. Mr. Feldman would provide a contract or
status update at the December 20, 2007, regular Council meeting. Council concurred.

ADMINISTRATIVE AND LEGAL REPORTS:

Mr. Feldman thanked Mr. Anderson for his support of staff during his tenure on Council.

PUBLIC COMMENTS/RESPONSES:

Several citizens commented on the widening of Culver Drive.

ADJOURNMENT:

There being no further business, the meeting adjourned at the hour of 10:00 P.M.


                                              ___________________________________
                                              John J. Mazziotti, MAYOR
ATTEST:


___________________________________
Terese Barber, DEPUTY CITY CLERK



* Identifies items considered under the heading of Consent Agenda.
Indicates quasi-judicial proceeding.
Indicates item was considered out of sequence or added to the agenda.

								
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