CITY OF MELBOURNE, FLORIDA MINUTES REGULAR MEETING BEFORE CITY COUNCIL JANUARY 24, 2017

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1 A regular meeting of the City Council was held in the City Council Chamber, 900 East Strawbridge Avenue, and was called to order at 6:30 p.m. by Mayor Kathy Meehan. 1. The invocation was given by Rev. Mark Moreno, Hope Lutheran Church. 2. Pledge of Allegiance. 3. Roll Call. Present: Kathy Meehan Mayor Tim Thomas Council Member, District 1 Betty Moore Council Member, District 2 Yvonne Minus Council Member, District 3 Debbie Thomas Vice Mayor, District 4 Paul Alfrey Council Member, District 5 Teresa Lopez Council Member, District 6 Michael A. McNees City Manager Alison Dawley City Attorney Shannon Lewis Deputy City Manager Cathleen A. Wysor City Clerk Kevin McKeown Assistant City Clerk Cindy Dittmer Community Development Director 4. Proclamations and Presentations Mayor Meehan read and presented a proclamation recognizing retired Judge Alli B. A.B. Majeed for his 23-plus years of service as a Brevard County Court Judge in the 18 th Judicial Circuit. Mayor Meehan also presented Judge Majeed with a key to the city. At the request of Judge Majeed, two videos were played: January 11, 2017 speech on the house floor by Congressman Bill Posey regarding Judge Majeed and his accomplishments, and Judge Majeed s involvement in the community and the Doctors Goodwill Foundation. Judge Majeed extended his thanks to the Mayor and City Council for this recognition and thanked his family for their continued support. Mayor Meehan presented certificates of recognition to Jacob Adkins, Alex Bray, Kamar Bray, Marco Diaz, Omari Peebles, and Kevion Williams recognizing their recent achievements at various Police Athletic League boxing tournaments. Coaches and parents from University Boxing Club spoke about the activities offered at the club and the benefits of the club to the youth of the community. 4.1 Presentation of Employee Service Awards Employees who reached a milestone of service during the period December 2016 through January 2017 were invited to the Council meeting to accept their service pin and gift card. Margie Durant (Fire Operations 30 years), Johnny Bynum (Police Operations 20 years), Marty Miller (Police Operations 20 years), and Cheryl Trainer (Police Page 1 of 9

2 Operations 20 years) attended the meeting and were recognized by the Mayor & City Council and City Manager. 5. Approval of Minutes January 10, 2017 regular meeting. Moved by Moore/Minus for approval. Motion carried 6. City Manager's Report 7. Public Comments Nicholas Ruip, Palm Bay, discussed the issue and cost of capping the waterlines adjacent to Nana s House (see November 8, 2016 Council minutes, Item #7). He stated that the cost of performing the work required by the city would be over $100,000. He reviewed fund balances in the city s current budget and asked Council for help funding the work that is needed. Mr. McNees said that when this issue last appeared before Council, city engineers and utility workers believed that capping the waterlines according to the city s utility standards could be done for far less than $100,000. In order to demonstrate that, a crew was sent out to Nana s House and two existing lines were capped. The cost of capping the remaining unused waterlines in that area was estimated at around $30,000; this information was provided to Nana s House and their representatives. Council has the ability to spend General Fund money to help cover the cost, but spending utility money on such a request would be hard to justify as a cost to the city s utility customers as it would essentially be a donation to Nana s House. Mr. McNees said that if the waterline is left alone, the potential over time for the line to have problems, leak, malfunction, etc. is relatively high, which is why the city s utility standards do not allow such a situation. Council has the ability to direct staff to ignore those utility standards for this charitable cause. From the city s perspective, this is more of a principle issue than a dollar issue. Mr. McNees said other situations like this exist, so it is likely that similar requests would be received in the future. Bruce Moia, 1250 W. Eau Gallie Boulevard, on behalf of Nana s House, stated that he understands the city s utility standards; however, Mr. Moia disagreed that other requests would come before Council since Nana s House is a unique situation for the following reasons: the waterline was accepted by the City of Melbourne and has been maintained by the city for 12 years; the waterline is installed under the road; the owner is a non-profit organization; the owner bought the property already constructed and the development is different from the original design; and the waterline is on the owner s property without an easement. Nana s House is more than willing to grant an easement so that the city may continue maintaining the line legally. Mr. Moia reported that when the city recently capped two of the lines, it patched the road. The owner would have to patch the road in 17 more locations, which would degrade the Page 2 of 9

3 quality of the brand new road. Mr. Moia said that a private contractor provided an estimate of over $100,000, plus the cost of overlaying the patched road. He reiterated that this situation is unique and if the city leaves the waterline alone, it won t cost anyone anything. Council Member Alfrey disclosed that he is a volunteer contractor who has done some work out at Nana s House. He commented on the brand new private road and the lack of a current easement. The organization receives no government funding and it would be a hardship for this organization to do the work that was described. Moved by Alfrey/Lopez to (leave the waterline alone and perform routine maintenance on the line on an as-needed basis). (This motion was replaced by a new motion below.) Council Member Tim Thomas asked how many children the organization serves. Mr. Moia said that eight homes are under construction with five children living in each home, for a total of 40 children. Mr. McNees said that if there is something unique about this situation, Council should clearly identify those factors. The line for non-profit agencies that need some expensive service from the city will be very long. Staff will carry out whatever Council decides. Council Member Betty Moore asked where the money for the work would come from. Mr. McNees replied that if there is a failure, the repair of the line and the private road would come from the city utility budget. Vice Mayor Debbie Thomas said Nana s House is a wonderful organization and this situation is unique and different. There will not be another organization in this same situation. The city accepted the waterlines as is and now the city has to own it. At the request of Council Member Yvonne Minus, Mr. Moia repeated the unique characteristics of this situation. Mr. Moia confirmed that Nana s House would be paying regular utility bills and connection charges. Council Member Tim Thomas said that the unique factors of this situation have been addressed. If the city doesn t leave the line as is, it will add to the already long list of needed infrastructure repair, since capping the lines will require digging through the road. Council Member Lopez said that the city has to maintain the waterline anyway. Hopefully nothing will happen to the line but if it does, the city will fix it. With regard to the motion, Mr. McNees recommended that Council direct staff to not apply the utility standard that requires these non-used service lines to be capped at the water main. Page 3 of 9

4 Moved by Alfrey/Lopez (not to apply the utility standard that requires non-used service lines to be capped at the water main to this situation with Nana s House). Motion carried Kim Frodge, Nana s House, thanked Council for its support. UNFINISHED BUSINESS 8. ORDINANCE NO (CU ) RAIN-BO ISLAND: (Second Reading/Public Hearing) An ordinance granting a conditional use to allow a restaurant use on a property zoned C-1A (Professional, Offices and Services District), located on the east side of Airport Boulevard, north of West New Haven Avenue (US 192) (more specifically known as 1905 Airport Boulevard, Unit 103). (Owner Alsar, Inc.) (Applicant/Representative Guo Liang Peng and Chang Lin) (First Reading 1/10/17) City Attorney Alison Dawley read the ordinance by its title. There were no disclosures by Council and no comments during the public hearing. Moved by Moore/T. Thomas for approval of Ordinance No , based on the findings and conditions contained in the Planning and Zoning Board memorandum. The roll call vote was: Aye: T. Thomas, Moore, Minus, Alfrey, Lopez, D. Thomas and Meehan Motion carried NEW BUSINESS 9. COUNCIL ACTION RE: St. Johns Heritage Parkway/Ellis Road Utility Improvements Project, Project No a. Creation of St. Johns Heritage Parkway/Ellis Road Utility Improvements project and transfer of funds from Water & Sewer Miscellaneous Improvements, Project. No b. Resolution No. 3621: A resolution authorizing the City Manager to execute a Utility Design Consultant Agreement between the Florida Department of Transportation and the City of Melbourne to establish the agreement amount by $84,605. City Engineer Jenni Lamb reviewed the agenda report and read the recommendation. The Florida Department of Transportation offered the city this opportunity to integrate the design of the utility improvements into the FDOT construction plans for the St. Johns Heritage Parkway/Ellis Road interchange project. It is advantageous and cost-effective to include the city s utility improvements with FDOT s roadway improvements. The project was not included in the fiscal year 2017 budget since the city was not aware that FDOT Page 4 of 9

5 would offer such an opportunity. Staff is seeking approval for the creation of this project and the budget transfer. FDOT has notified the city that it will put the project out to bid in June Council Member Lopez asked about the $90,000 budget transfer. Ms. Lamb replied that cost is for the design fee. The actual cost of the design is approximately $84,000 with additional funding to be made available for any permits that may be needed. Since the utility project is estimated to cost $1.5 million, the design fee is very low. Ms. Lamb confirmed that the city will cover the entire $90,000. Mr. Thomas expressed concern about the budget transfer. He asked if the Water & Sewer Miscellaneous Improvements account was set up to handle situations like this one. Ms. Lamb replied that the account does not receive any budgeted funding; it is comprised of savings from other complete projects. The money rolls forward each year but does not receive any new budgeted money. Mr. McNees further clarified that this account is not the city s only source of reserve funds; a significant capital reserve is also available for unexpected emergencies. Moved by Lopez/D. Thomas to approve establishing the St. Johns Heritage Parkway/Ellis Road Utility Improvements project and a budget transfer of $90,000 from Water & Sewer Miscellaneous Improvements, Project No into the new project account (Project No ). Motion carried Moved by Minus/Moore for approval of Resolution No Motion carried 10. CONSENT AGENDA: a. Task Order No. REI 034 to the Continuing Contract for Engineering Services for the Lift Station No. 38 Force Main Replacement, Project No , Reiss Engineering, Inc.; Winter Springs, FL - $39,690. b. Professional Services Selection for Consultant for the Pineda Causeway Water Main Transmission Project, Project No , Reiss Engineering Inc.; Winter Springs, FL. c. Award of contract for small generator preventive maintenance and repair services for various City facilities, CJ s Sales & Services of Ocala, Inc.; Ocala, FL estimated annual cost $37,940. d. Purchase of one Hydrocyclone Collection Box for the Actiflo Train #1 system at the Lake Washington Water Production Plant, Kruger, Inc.; Raleigh, NC - $45, e. Award and purchase of one new 2016 Isuzu NPR HD Truck with landscape body for the Parks Maintenance Division, DeLand Truck Center, DeLand, FL - $46,689. Page 5 of 9

6 f. Purchase of one Thompson 6 Vacuum Assisted Stormwater Pump for the Streets Management Division, Thompson Pump and Manufacturing, Port Orange, FL - $52,040. g. Purchase of one 2017 Ford F550 Flatbed Dump Truck for the Streets Management Division, Palmetto Ford Truck Sales, Miami, FL - $49,535. Moved by Moore/Minus for approval of the consent agenda, Items a through g. Motion carried 11. ITEMS REMOVED FROM THE CONSENT AGENDA 12. COUNCIL ACTION RE: Renewal of employee health and other insurance benefits. Risk Manager Jim Gallagher introduced the item and stated that he was available for questions. Moved by D. Thomas/T. Thomas for approval of the renewal of Group Medical and Prescription Drug Insurance with Health First Health Plans for the 2017 plan year. Motion carried 13. ORDINANCE NO (CPA ) AND ORDINANCE NO (Z ) CARMAX AUTO SUPERSTORE: Ordinances changing the existing land use and establishing zoning on property located on the north side of Palm Bay Road, west of Dairy Road and east of Durham Drive. (Owner/Applicant Carmax Auto Superstores, Inc.) (Representative Greg Saia, CenterPoint Integrated Solutions, LLC) (P&Z Board 1/5/17) a. Ordinance No (CPA ): (First Reading/Public Hearing) An ordinance changing the existing future land use from Medium Density Residential to Mixed Use on 6.29± acres. b. Ordinance No (Z ): (First Reading/Public Hearing) An ordinance establishing C-P (Commercial Parkway) zoning on 17.4± acres. The City Attorney read each ordinance by its title. Community Development Director Cindy Dittmer reviewed the agenda report and read the recommendations. A notice of intent to file a petition against these requests has been submitted; however, a petition has not been received at this time. At the January 5 Planning and Zoning Board meeting, a resident located across Palm Bay Road expressed concerns about noise and traffic. The applicant indicated that there will be no outdoor speakers/intercom systems and the traffic engineer identified that the type of trips generated by this project will not decrease the Level of Service (LOS) on the Palm Bay Road. After the public hearing, the Planning and Zoning Board voted unanimously to recommend approval of these requests. The proposed site plan will be presented to Council during the second reading of the ordinances. Page 6 of 9

7 The Mayor called for disclosures. The following Council Members provided disclosures: Council Member Teresa Lopez disclosed that she met with two representatives from Carmax; Council Member Alfrey disclosed that he met with representatives of Carmax and discussed the site plan; Vice Mayor Thomas stated she met with representatives of Carmax and discussed the site plan as well as the timeframe for the development; Council Member Minus disclosed that she met with J.M. Dixon and Kim Rezanka on December 12, 2016, at 1:00 p.m. at City Hall; Mayor Meehan disclosed that she met with Kim Rezanka, J.M. Dixon, Greg Saia, and Jake Hurts on May 25, 2016 and discussed the potential rezoning of the property; Council Member Moore met with representatives of Carmax at City Hall; Council Member Tim Thomas disclosed that he met with representatives of Carmax at City Hall in December and reviewed the proposed site plan. The Mayor opened the public hearing. Kim Rezanka, attorney representing the applicant, introduced representatives of Carmax in the audience and offered to answer any questions during the public hearing. Greg Saia, representing Carmax, provided a general review of Carmax and discussed its history and other locations throughout the country. He discussed the condition of the site and detailed each aspect of the site plan. Ms. Moore asked for further clarification about the notice of intent to file a petition. Ms. Dittmer stated there is process outlined in City Code that provides property owners within 500 feet of the property the ability to submit a petition against the proposed rezoning. The first step in that process is to submit a notice of intent to file a petition. Such a notice was submitted by a resident after to the Planning and Zoning Board meeting, but no actual petition has been submitted. Staff will advise Council if a petition is submitted prior to second reading of the ordinances. J.M. Dixon, Peter Van Rems, and James Taylor, representing Carmax, were available for questions. Moved by Moore/D. Thomas for approval of Ordinance No , based on the findings contained in the Planning and Zoning Board memorandum. Motion carried Moved by Moore/T. Thomas for approval of Ordinance No , based on the findings contained in the Planning and Zoning Board memorandum. Motion carried 14. ORDINANCE NO (Z ), ORDINANCE NO (CU ) WITH SITE PLAN APPROVAL REQUEST (SP ) FIRESTONE AUTO CARE: (First Reading/Public Hearing) Ordinances changing the existing zoning and granting a conditional use with site plan approval on property located on the west side of Wickham Road, north of Constellation Drive and south of Business Center Boulevard (Owner Page 7 of 9

8 Home Depot USA, Inc.) (Applicant Pavilion Development Company) (Representative Andy Kirbach, P.E.) (P&Z Board 1/5/17) a. Ordinance No (Z ): An ordinance changing the existing zoning from C-P (Commercial Parkway) to C-2 (General Commercial) on.85± acres. b. Ordinance No (CU ) with (SP ): (First Reading/Public Hearing) An ordinance granting a conditional use for a vehicle service business in a C-2 zoning district with site plan approval on.85± acres. The City Attorney read each ordinance by its title. Community Development Director Cindy Dittmer reviewed the agenda report and read the recommendations. On January 5, the Planning and Zoning Board voted unanimously to recommend approval of these requests. Council Member Tim Thomas asked about the ingress and egress routes to the new development. Ms. Dittmer replied no new driveways will be installed; access to the site will be through the existing driveways. There were no disclosures by Council and no comments during the public hearing. Moved by Minus/D. Thomas for approval of Ordinance No , based upon the findings contained in the Planning and Zoning Board memorandum. Motion carried Moved by D. Thomas/Minus for approval of Ordinance No Motion carried 15. COUNCIL DISCUSSION RE: Appointment of one regular member and two alternate members to the Citizens Advisory Board. Mayor Meehan pointed out the supplemental application that each applicant completes, which enables Council to ensure that persons of low to moderate income are adequately represented on the board. Currently, there are four members on the board representing above moderate income and two members representing between low income and moderate income. She recommended appointing Christy Allison to the regular member position since her application indicates she represents between low income and moderate income. Moved by Minus/Moore to appoint Christy Allison as a regular member and (to continue soliciting applications for the alternate member vacancies). Motion carried Council expressed a preference for filling the remaining vacancies with members who are considered low to moderate income. Page 8 of 9

9 16. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS Ms. Moore displayed a shirt given to her by Habitat for Humanity and commented that three homes are currently under construction on Cedarwood Drive, one of which is being built solely by women. Council Member Lopez asked that City Council be notified in advance when a notable member of the community is scheduled to receive recognition at a Council meeting. 17. ADJOURNMENT Mayor Meehan declared the meeting adjourned at 8:27 p.m. Assistant City Clerk 1/31/2017 Approved by Council: February 14, 2017 Page 9 of 9