CITY OF MELBOURNE, FLORIDA MINUTES REGULAR MEETING BEFORE CITY COUNCIL OCTOBER 10, 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 Vice Mayor Debbie Thomas. 1. The invocation was given by Reverend Dr. W. Thomas Pope, St. Paul s United Methodist Church. 2. Pledge of Allegiance. 3. Roll Call Present: 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 Absent Kathy Meehan Mayor (out of town) 4. Proclamations and Presentations 4.1 Presentation of Employee Service Awards Employees who reached a milestone of service during September and October 2017 were invited to the City Council meeting to accept a service pin and gift card. The following attended the meeting and were recognized by the City Council and City Manager: Dave Williams, Information Technology, 30 years; Steve Szilagyi, Fleet Management, 20 years; and Charles Landmesser, Police Operations, 20 years. 5. Approval of Minutes September 20, 2017 budget public hearing, September 20, 2017 regular meeting, September 28, 2017 budget public hearing and September 28, 2017 regular meeting Moved by Moore/Minus for approval. Motion carried unanimously. 6. City Manager's Report City Manager Mike McNees provided a status report on Hurricane Irma debris removal. Four weeks into an estimated ten-week process, the city s vendor reports that it has completed 50% of the pick-up. It is anticipated that the first pass of vegetation debris Page 1 of 16

2 removal will be done by October 16. Council Members discussed debris removal in their respective districts; some shared concerns that they have not seen any activity. Mr. McNees repeated that this is expected to be a ten-week process. Following discussion, the City Manager said that the city will determine if the vendor s route information can be posted to the web site. Additionally, Council Members asked that the vendor not be released at the end of the process until they have had an opportunity to report on conditions in their districts. Mr. McNees reported that the Board of County Commissioners is considering an agreement between the city and the county relating to the paving of Babcock Street. City and county staff have reached agreement on several points regarding the project and sources of funding. A contract is expected to appear on a future City Council agenda. Mr. McNees informed Council that he and Deputy City Manager Shannon Lewis will be attending the International City/County Management Association conference in San Antonio October City Engineer Jenni Lamb will be appointed Acting City Manager during this period, which includes the October 24 City Council meeting. Council Member Betty Moore announced that she will also not be present at the October 24 City Council Meeting. 7. Public Comments Kyle Smyth, Intracoastal Brewing Company, explained that his business has incorporated a stationary, private food truck, which is not permitted under City Code. The food truck is parked on his site and serves only his business. He asked City Council for help in finding a solution through a Code revision. Mr. Smyth responded to questions about the food truck and described the operation as being a normal restaurant where customers place their order inside and eat inside. The only difference is that the food is prepared in a kitchen located outside. Each Council Member spoke in support of directing the City Manager and City Attorney to review the City Code and determine whether revisions would be appropriate. Additionally, Council Member Alfrey recommended that staff consider an annual permit for this type of activity. Eric V. Ellebracht, 1948 Tyler Avenue, commented on: the President s decision to end the clean power plant initiative; Council Members who seek higher political office; and the heroin problem in the city. Marvin Patrick Moffett, 110 Colibri Way, #106, recalled his previous appearance before City Council (8/22/2017) where he reported about his arrest by the Melbourne Police Department and the trespass order he received from the Joseph N. Davis Community Center. He stated that more incidents have occurred with the Police Department and he s threatened daily. Mr. Moffett stated that he has yet to receive information from the City Page 2 of 16

3 Manager s office regarding the trespass order. Mr. McNees advised Council that Mr. Moffett is fully aware of why he has been trespassed from the community center. UNFINISHED BUSINESS 8. ORDINANCE NO (A&V NO. 364): (Second Reading/Public Hearing) An ordinance vacating a portion of a 20-foot wide alley located near the northwest corner of Babcock Street and New Haven Avenue as part of the Brooks and Humphrey s Business addition to Country Club Colony, by Lots 63 through 71, as recorded in Plat Book 5, Page 45. (First Reading 9/20/17) City Attorney Alison Dawley read the ordinance by its title. City Engineer Jenni Lamb reviewed the agenda report. There were no disclosures by City Council and no comments during the public hearing. Moved by T. Thomas/Alfrey for approval of Ordinance No The roll call vote was: Aye: Alfrey, Lopez, T. Thomas, Moore, Minus and D. Thomas Motion carried unanimously. 9. ORDINANCE NO (A&V NO. 367): (Second Reading/Public Hearing) An ordinance vacating three-foot wide utility, ingress and egress easements located at the northeast corner of Creel Street and Maple Street, Lots 8-10, and within Block A of Bonner Heights Subdivision, as recorded in the Plat Book 6, Page 20. (First Reading 9/20/17) Attorney Dawley read the ordinance by its title, and Ms. Lamb briefed Council. There were no disclosures by City Council. The Vice Mayor opened the public hearing. There were no comments from the audience. Moved by Minus/Moore for approval of Ordinance No The roll call vote was: Aye: Alfrey, Lopez, T. Thomas, Moore, Minus and D. Thomas Motion carried unanimously. 10. ORDINANCE NO (A&V NO. 372): (Second Reading/Public Hearing) An ordinance vacating a portion of a five-foot wide public utility easement located east of Dairy Road and north of Eber Boulevard within Lot 47, Pine Meadow Planned Unit Development as recorded in Plat Book 63, Pages 14 through 19. (First Reading 9/20/17) Attorney Dawley read Ordinance No by its title. Ms. Lamb reviewed the agenda report. There were no disclosures by City Council and no comments from the public. Moved by Lopez/Alfrey for approval of Ordinance No The roll call vote was: Page 3 of 16

4 Aye: Alfrey, Lopez, T. Thomas, Moore, Minus and D. Thomas Motion carried unanimously. 11. ORDINANCE NO UTILITY RATES: (Second Reading/Public Hearing) An ordinance deferring the increase to utility rates scheduled for October 1, 2017 until October 1, 2018; amending the City Code, Chapter 58, Utilities; amending Section , Water Service Rates; amending Section , Sewer Service Rates; amending section , Reclaimed Water Service Fees. (First Reading 9/20/17) The City Attorney read the ordinance by its title. Director of Finance Jeff Towne provided a brief. The public hearing was opened and closed without any comments from the audience. Moved by T. Thomas/Moore for approval of Ordinance No The roll call vote was: Aye: Alfrey, Lopez, T. Thomas, Moore, Minus and D. Thomas Motion carried unanimously. 12. ORDINANCE NO FIRE PENSION: (Second Reading/Public Hearing) An ordinance relating to the Firefighters Pension Plan; amending Chapter 44 of the City Code, entitled Retirement and Pensions; amending Section , Contributions; amending Section , Benefit Amounts and Eligibility. (First Reading 9/20/17) The City Attorney read the ordinance by its title. Management Services Director Linda South reviewed the agenda report. Vice Mayor Thomas opened the public hearing. There were no comments from the public. Moved by Minus/Alfrey for approval of Ordinance No The roll call vote was: Aye: Alfrey, Lopez, T. Thomas, Moore, Minus and D. Thomas Motion carried unanimously. 13. ORDINANCE NO ADMINISTRATIVE ZONING CODE AMENDMENT (Z AD) MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES PROHIBITING DISPENSING FACILITIES: (Second Reading/Public Hearing) An ordinance amending the City Code Appendix B, Articles II and V to prohibit Medical Marijuana Treatment Center Dispensing Facilities within the City of Melbourne. (Applicant City of Melbourne) (First Reading 9/20/17) The City Attorney read the ordinance by its title. Community Development Director Cindy Dittmer reviewed the agenda report. Vice Mayor Thomas opened the public hearing. Page 4 of 16

5 Coleman Sperando, 586 Wethersfield Place (unincorporated Brevard County), spoke against the ordinance in light of the percentage of voters in Florida who voted for medical marijuana. He discussed the benefits of medical marijuana for conditions such as seizures and post-traumatic stress disorder. Eric Ellebracht, 1948 Tyler Avenue, stated that the City Council is making a mistake by adopting this ordinance. Council Member Alfrey said that his father, a Vietnam veteran, would have benefited from medical marijuana. He added that this issue should be between a doctor and a patient; government shouldn t get in the way. Council Member Lopez said that she is not opposed to the use of medical marijuana. She pointed out that people may purchase the product by mail and have it delivered to their homes. The city is simply prohibiting the location of dispensing facilities in the city. Ms. Lopez said that if the city were to allow such facilities while surrounding cities and the county prohibited them, there would be a negative impact on traffic, along with crime since dispensing facilities are a cash only business. Additionally, she said that she is opposed to the restrictions that the state has placed on cities. Council Member Minus asked if there are any tax benefits to the city and whether the city gets anything out of this. Mr. McNees replied that if a business opened for this purpose, the city would potentially receive property tax revenue and the minimal business tax receipt. Ms. Minus asked if there are any other municipalities in the county that are going to allow dispensing facilities. Mr. McNees said not that he is aware of, but that does not mean there aren t any. Council Member Tim Thomas recalled Police Chief David Gillespie s recommendation to prohibit these facilities in Melbourne. Mr. Thomas stated that recommendation is enough reason for him to vote for the ordinance. Council Member Moore suggested that the federal government change the Schedule 1 status of marijuana. Moved by T. Thomas/Lopez for approval of Ordinance No based upon the findings contained in the Planning and Zoning Board memorandum. The roll call vote was: Aye: Lopez, T. Thomas, Moore, Minus and D. Thomas Nay: Alfrey Motion carried. Page 5 of 16

6 14. ORDINANCE NO COMPREHENSIVE PLAN AMENDMENT (CPA ) AND ORDINANCE NO REZONING REQUEST (Z ) UNIVERSITY COMMONS: Ordinances providing for a Comprehensive Plan Amendment and Rezoning on 3.92± acres located on the south side of University Boulevard, east of Babcock Street and west of Leonard Weaver Boulevard (Owner: Shiloh Christian Center, Inc.) (Applicant Toby Arnheim, Tramell Webb Partners, Inc.) (Representative - Vaheed Teimouri, P.E., Teimouri & Associates, Inc.) a. Ordinance No /CPA : (Second Reading/Public Hearing) An ordinance changing the existing future land use from Public/Institutional to High Density Residential. (First Reading 9/28/17) b. Ordinance No /Z : (Second Reading/Public Hearing) An ordinance changing the existing zoning from I-1 (Institutional) to R-3 (Multiple Family Dwelling High Density District). (First Reading 9/28/17) The City Attorney read each ordinance by its title. Vice Mayor Thomas called for disclosures. Council Member Minus said that she spoke with Bishop Jackie Gordon, the property owner, who is excited about the project moving forward. The Vice Mayor opened the public hearing. There were no comments from the audience. Moved by Minus/Alfrey for approval of Ordinance No based upon the findings contained in the Planning and Zoning Board memorandum. The roll call vote was: Aye: Alfrey, Lopez, T. Thomas, Moore, Minus and D. Thomas Motion carried unanimously. Moved by Minus/T. Thomas for approval of Ordinance No based upon the findings contained in the Planning and Zoning Board memorandum. The roll call vote was: Aye: Alfrey, Lopez, T. Thomas, Moore, Minus and D. Thomas Motion carried unanimously. NEW BUSINESS Council convened as the Babcock Street Community Redevelopment Agency for the following item: 15. COUNCIL ACTION RE: Task Order No. BMEG 142 to the Continuing Contract for Engineering Services for the Babcock Street Phase 3B Roadway Improvements, Project No , Bussen-Mayer Engineering Group, Inc., Merritt Island, FL - $39,820. City Engineer Jenni Lamb reviewed the project details, which include geotechnical investigation, construction document review, landscape design, and lighting design Page 6 of 16

7 services for Babcock Street roadway improvements, from Apollo Boulevard to Avenue A. This segment is south of the most recent Community Redevelopment Agency improvements. Ms. Moore asked if this item will tie in with the potential agreement between the city and the county for the paving of Babcock Street. Ms. Lamb explained that the agreement with the county will relate to reconstruction of the roadway. The item on this agenda will make the landscaping and lighting improvements seamless from Hibiscus Boulevard to U. S. 1. Mr. Thomas asked if the geotechnical services associated with this project will be a duplicate of the roadway samples that were taken with the city s pavement management plan. Ms. Lamb replied that the pavement management program did not involve core samples; roadways were visually inspected. She reported that during the previous phase of the Babcock Street project, the layer beneath the asphalt was not what was expected, resulting in change orders. The work associated with this item will ensure no surprises during construction. Moved by Moore/Minus for approval of Task Order No. BMEG 142 to Bussen-Mayer Engineering Group, Inc. for the Babcock Street Phase 3B Roadway Improvements, Project No in the amount of $39,820. Motion carried unanimously. Council reconvened for the remaining items. 16. COUNCIL ACTION RE: Pennwood Drive Septic to Sewer conversion project between Bignonia Street and Devonshire Drive, Project No a. Creation of Pennwood Septic to Sewer project, transfer of $25,000 from Stormwater Miscellaneous Unappropriated Budget Savings (20099) into the new project account, approval of Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement between Brevard County, Florida and the City of Melbourne, Florida and authorization for the City Manager to execute the Interlocal Agreement. b. Resolution No. 3682: A budget resolution to appropriate Save Our Indian River Lagoon Project Cost-Share Funding in the amount of $40,632 into the new project budget. Ms. Lamb advised Council that this is the first city project through the Save Our Indian River Lagoon Program as a result of the half-cent sales tax. The Pennwood septic to sewer conversion project was selected by the Save our Lagoon citizen oversight committee to receive funding. Funding is based on proximity to the Indian River Lagoon or any of the waters that feed into the lagoon. Based on a formula, the city will receive $40,632, and staff estimates the construction costs to be $65,000. The project involves installation of a force main as opposed to a gravity sewer. Four homes will be able to connect along with any future development on vacant lots. Page 7 of 16

8 Ms. Lopez asked if there will be any cost to the residents. Ms. Lamb replied that there will be a cost to connect to the force main system. If certain criteria is met, a portion of the costs can be covered through the city s storm water utility septic to sewer conversion program. The estimated cost of connection will be between $2,500 and $3,500. Mr. Thomas said that he recognizes that this is a target of opportunity with the Save Our Indian River Lagoon funding; however, he would like to know why this was not included in the city s capital improvement program. Ms. Lamb explained that it relates to the timing of the interlocal agreement. She confirmed that it is staff s intent to place these projects in the budget in the future. Moved by T. Thomas/Minus for approval of Save Our Indian River Lagoon Project Cost- Share Funding Interlocal Agreement between Brevard County, Florida and the City of Melbourne, Florida, accepting $40,632 into the new project budget and authorization for the City Manager to execute the Interlocal Agreement. Motion carried unanimously. Moved by Moore/Lopez for approval of Resolution No Motion carried unanimously. 17. CONSENT AGENDA: a. Blanket purchase of carbon dioxide for the Water Production Division, Airgas Specialty Products, Tampa, FL estimated annual cost $128,340. b. Approval of the Second Amendment to the Stormwater Education and Outreach Interlocal Agreement between the Board of County Commissioners of Brevard County, the City of Melbourne, and other Brevard municipalities for cost sharing in an amount not to exceed $27, and authorization for the City Manager to execute the agreement. c. Approval of a Scope of Work in the amount of $55,000 for the City s continuing Planning Consultant, S&ME, Inc. to perform a Cultural Resource Survey for the Kit Homes & Riverfront Gems in Downtown Melbourne project. d. Resolution No. 3683: A budget resolution to appropriate 2018 Historic Preservation Small Matching Grant funds in the amount of $50,000 for the Kit Homes & Riverfront Gems in Downtown Melbourne project. e. Lien Rescission : Recommended order from the Code Enforcement Board that a code lien in the amount of $11,650 be rescinded. (Property: 1783 Buick Avenue) (Cited Owner: Marjorie J. Driggers) (Applicant: Richard Small on behalf of current owner Michelle Small Arencibia) At the request of city staff, item a was withdrawn from the agenda based on the City of Cocoa being notified that Airgas is seeking a price increase. The item will return to City Council at a later date. Additionally, Council Member Teresa Lopez removed Item b from the consent agenda and Council Member Tim Thomas removed Item c. Page 8 of 16

9 Moved by Minus/Moore for approval of the consent agenda, Items d and e. Motion carried unanimously. 18. ITEMS REMOVED FROM THE CONSENT AGENDA b. Approval of the Second Amendment to the Stormwater Education and Outreach Interlocal Agreement between the Board of County Commissioners of Brevard County, the City of Melbourne, and other Brevard municipalities for cost sharing in an amount not to exceed $27, and authorization for the City Manager to execute the agreement. Ms. Lopez said that the goal of the interlocal agreement is to create a unified program to educate the residents of Brevard County on how they can help prevent pollution from entering the Indian River Lagoon. She pointed out that the programs associated with the half-cent sales tax also include education on the same topic. She recommended that the city not enter into this agreement since the work is covered in the half-cent sales tax program. Ms. Lamb explained that as part of the city s National Pollutant Discharge Elimination System (NPDES) permit, the city is required to have public education and public outreach. She noted that she spoke with Virginia Barker, Brevard County Director of Natural Resources, who confirmed that the half-cent sales tax is for new projects only and may not be used to replace funding for previously funded programs. This is how the half-cent sales tax referendum was presented to voters. Moved by Lopez/T. Thomas for approval of Item b. Motion carried unanimously. c. Approval of a Scope of Work in the amount of $55,000 for the City s continuing Planning Consultant, S&ME, Inc. to perform a Cultural Resource Survey for the Kit Homes & Riverfront Gems in Downtown Melbourne project. Mr. Thomas said that he s having difficulty understanding the city s return on investment with this program. He asked how identifying historic sites and kit homes will benefit the city. Ms. Dittmer explained that an update of the 1991 survey will be completed as part of this item. Since 1991, some structures have been destroyed and there are likely new structures that can be designated as historic. Additionally, there are a number of kit homes in Melbourne. They are considered unique and generate interest from the public. Moved by T. Thomas/Moore for approval of consent agenda Item c. Motion carried unanimously. 19. COUNCIL ACTION RE: Approval of an Interlocal Agreement with Board of County Commissioners of Brevard County for utility relocations associated with the Kingsmill Page 9 of 16

10 Subdivision/Aurora Road Drainage Improvement Project in the amount of $148, and authorization for the City Manager to execute the agreement. Jennifer Spagnoli, Utilities Engineer, reported that when Brevard County bid out the Kingsmill Subdivision/Aurora Road drainage improvement project in 2016, it included work along Aurora Road, Lake Washington Road, and Palomino Road. The drainage work was completed to improve stormwater flow from the Kingsmill Subdivision, which is located in the city, south to tie into the Eau Gallie River at Wickham Road. The bid items included relocation of city utilities. Ms. Moore said that after Hurricane Irma and ten inches of rain, she drove through this area and noticed a lot of water. She asked if the project was successful. Ms. Spagnoli said it is her understanding that there was an improvement. Water flowed out of the subdivision; however, the subdivision also has issues with backyard drainage. The county project did not address the backyard drainage issues. With regard to backyard drainage, Ms. Lamb added that there is a project in next year s stormwater utility budget. She elaborated on the future project, along with issues and delays caused by residents not providing the necessary easements. The project will be moved forward if funding is identified through savings in other projects. Discussion followed regarding previous drainage issues in the subdivision and current drainage conditions. Moved by Lopez/Alfrey for approval of the Interlocal Agreement with Brevard County for utility relocations associated with the Kingsmill Subdivision/Aurora Road Drainage Improvement Project in the amount of $148, and authorization for the City Manager to execute the agreement. Motion carried unanimously. 20. COUNCIL ACTION RE: (Public Hearing) State Housing Initiatives Partnership (SHIP) Rental Development Program - Pirouette Group, LLC a. Resolution No. 3684: A budget resolution to carry forward and appropriate unused prior year SHIP funds and make budget adjustments necessary to accommodate funding agreement described in (b). b. Approval of a funding agreement substantially in the form presented awarding $350,000 in State Housing Initiatives Partnership (SHIP) funds to Pirouette Group for the acquisition and rehabilitation of 2421/2423 Stone Street through the City s Rental Development Program. Ms. Dittmer said that the funding is for the acquisition and rehabilitation of a mixed-use building located at 2421 Stone Street and the two-story, multi-family residential building located at 2423 Stone Street. An advertisement for the availability of SHIP funds was published in August, and Pirouette Group was the only organization to submit an application for the funds. The rental development program is contained in the Local Page 10 of 16

11 Housing Assistance Plan and is intended for acquisition and/or rehabilitation of rental units for very low and low income persons. The total project cost is estimated at $836,685, and Pirouette Group will be providing additional funding through a private loan and private capital. The SHIP funding will be distributed to the applicant over four payments beginning with the first payment at closing and the final payment at certificate of occupancy of the units. The SHIP funding will be secured by a mortgage note on the property in the amount of $350,000, along with a Land Use Restriction Agreement that requires seven units on the property to be leased to very low and low income persons through the affordability period of 15 years. City staff will annually monitor compliance. Council Member Minus asked if the city will supervise the types of materials that will be used and whether the materials will be top notch or substandard. Ms. Dittmer replied that like any private development, the applicant will have to meet building code requirements. The city s rehabilitation inspector will be on site monitoring the progress of construction. Ms. Minus said that she has concerns regarding the construction materials. Ms. Moore stated that she is concerned because of other buildings owned by the applicant. She asked if the city will monitor the maintenance of this property. Ms. Dittmer explained that there is a timeframe in the agreement regarding completion of the rehabilitation. The project will have to meet those timeframes in order to receive funding. Attorney Dawley added that once the property is leased up, the applicant has to check in with the city once per year to ensure that qualified people occupy the units. Additionally, during the 15-year period, the applicant must maintain the property pursuant to City Code standards. Regarding building materials, Attorney Dawley said that the applicant will not be held to a higher standard than what the building code requires. Continuing, Ms. Dittmer said that staff reviewed the cost estimates for the rehabilitation and they appear to be in line with other projects. Ms. Minus said that another building (owned by the applicant) has substandard materials, (gutters) are falling off, and it doesn t have paint. Ms. Moore said that is why she brought up the issue regarding maintenance. She pointed out that this is a lot of money that the city is committing to one person, which she feels could be spread around. She added that she s not happy with the way the applicant maintains other buildings. Vice Mayor Thomas opened the public hearing. Mark Herendeen, Pirouette Group, LLC, 233 E. New Haven Avenue, addressed the maintenance of one of his buildings in the area. A ten-foot section of rain gutter and downspout are scheduled to be reattached to the building this week. Page 11 of 16

12 With regard to the item on this agenda, he noted that this is a half million dollar investment that he is excited about. The intent is to use materials that are not only durable but also value added. He expressed appreciation for the concerns that have been stated, and confirmed that he wants the properties to be safe, enjoyable and filled with good tenants. The building that he is acquiring has had a 32% increase in crime. The building in the area that he has owned since 2006 has experienced a remarkable decrease in crime. Council Member Lopez thanked Mr. Herendeen for this project and stated that it is needed. Council Member Alfrey thanked Mr. Herendeen for taking this project on because it s needed in the community. In response to Mr. Alfrey, Mr. Herendeen discussed lighting, vegetation, fencing, and tenant screening that will be used to address security. Ms. Minus said that although she appreciates the effort that is being made, she continues to have concerns about workmanship and maintenance based on the appearance of other properties owned by the applicant. Mr. Herendeen replied that the concerns are not entirely unfounded. He discussed difficulties getting vendors to respond to have work done and the poor paint job that was done on his other property. He invited feedback on the progress of his current project once it begins. Moved by Lopez/Alfrey for approval of Resolution No Motion carried unanimously. Moved by Alfrey/T. Thomas for approval of a funding agreement substantially in the form presented awarding $350,000 in State Housing Initiatives Partnership (SHIP) funds to Pirouette Group for the acquisition and rehabilitation of 2421/2423 Stone Street through the City s Rental Development Program. Motion carried unanimously. 21. SITE PLAN APPROVAL REQUEST (SP ) UNIVERSITY COMMONS: (Public Hearing) Site Plan approval request to construct a two-phase, 80-unit multi-family residential development on a 3.92±-acre developed property zoned R-3 (Multiple-Family Dwelling High Density District) with a High Density Residential Future Land Use, located on the south side of University Boulevard, east of Babcock Street, and west of Leonard Weaver Boulevard. (Owner - Shiloh Christian Center, Inc.) (Applicant Toby Arnheim, Tramell Webb Partners, Inc.) (Representative - Vaheed Teimouri, P.E., Teimouri & Associates, Inc.) (P&Z Board 9/7/17) Ms. Dittmer reviewed the agenda report and read the recommendation. On September 7, the Planning and Zoning board voted unanimously to recommend approval of this request. Council Member Minus referenced her previous disclosure (Item #14) where she spoke with Bishop Jackie Gordon, the property owner, who is excited about the project moving forward. Vice Mayor Thomas opened the public hearing. There were no comments from the public. Moved by Minus/Moore for approval of SP based upon the findings and conditions contained in the Planning and Zoning Board memorandum. Motion carried unanimously. Page 12 of 16

13 22. ORDINANCE NO (CU /SP ) VFW POST 4206: (First Reading/Public Hearing) An ordinance granting a conditional use to allow consumption of alcohol on premises in conjunction with an existing private club, along with site plan approval for a 1,785± sq. ft. addition, on a 4.81±-acre property zoned I-1, located on the east side of Dairy Road, north of Florida Avenue and south of Edgewood Drive. (Owner - VFW of the U.S. Melbourne Post 4206, Inc.) (Applicant - JAG Enterprises & Associates, Inc.) (Representative - Joseph A. Gilletti) (P&Z Board 9/21/17) The City Attorney read the ordinance by its title. Ms. Dittmer reviewed the agenda report and located the property on the map. On September 21, the Planning and Zoning Board voted unanimously to recommend approval of this request. There were no disclosures from City Council and no comments during the public hearing. Moved by Moore/Minus for approval of Ordinance No with site plan approval (SP ), based upon the findings and conditions contained in the Planning and Zoning Board memorandum. Motion carried unanimously. 23. ORDINANCE NO (CU ) THE GATHERING TABLE: (First Reading/Public Hearing) An ordinance granting a conditional use to allow for consumption of alcohol (beer and wine) on premises in conjunction with an existing, non-academic instruction business (cooking classes), in one unit of a 0.36±-acre multi-unit property zoned C-1, located on the north side of East New Haven Avenue, east of Pine Street and west of Oak Street (318 E. New Haven Avenue). (Owner - Silver Glow Productions) (Applicant - Carrie Sullivan) (Representative - Lara Sampson) (P&Z Board 9/21/17). Attorney Dawley read the ordinance by its title. Ms. Dittmer reviewed the agenda report and read the recommendation. On September 21, the Planning and Zoning Board voted unanimously to recommend approval of this request. Council made no disclosures and there were no comments from the audience during the public hearing. Moved by T. Thomas/Moore for approval of Ordinance No , based upon the findings and conditions contained in the Planning and Zoning Board memorandum. Motion carried unanimously. 24. COUNCIL ACTION RE: Purchase of one Sutphen Monarch Level One Custom Pumper for the Fire Department, Sutphen Corporation, Dublin OH - $442, Fleet Manager Ernie Hutman reviewed the request and noted that the unit meets or exceeds all established criteria for replacement of fire apparatus. With the exception of the year, the vehicle will be identical to the truck that was on display outside of City Hall prior to the Council Meeting. Council Member Tim Thomas referenced the agenda materials, which indicate that the replacement unit has 69,005 miles. He asked if the 70,000-mile mark is the standard for replacement. Mr. Hutman referenced the hours of the vehicle being replaced (7,807) and Page 13 of 16

14 said that when a unit exceeds 7,500 hours, it is recommended for replacement. A truck may only travel three miles, but run for several hours at a scene. Ms. Lopez asked if the city plans to take advantage of the down payment discounts being offered by Sutphen. Director of Finance Jeff Towne said no based on his experience. When the payment is made in advance, it s difficult to get issues addressed if something goes wrong with the build. Moved by T. Thomas/Minus for approval of purchase of one Sutphen Monarch Level One Custom Pumper for the Fire Department, Sutphen Corporation, Dublin OH - $442, Motion carried unanimously. 25. RESOLUTION NO. 3685: A resolution providing for a 60-day temporary waiver of building permit fees for building permits related to the repair of storm damage caused by Hurricane Irma; providing that the City will issue refunds to any person who pulled a building permit following September 11, 2017 for work related to Hurricane Irma. Fire Chief Chuck Bogle introduced the item. Council Member Alfrey asked if the waiver will also apply to trash hauling permits. Code Compliance Director Steve Innes replied yes. Mr. Alfrey declared a conflict of interest based on the following: When a roof permit is pulled, there is a separate trash hauling permit fee. As the owner of a roofing company, his company would benefit financially by not having to pay the separate trash hauling fee. Mr. Alfrey left the room at 8:54 p.m. Moved by Lopez for approval of Resolution No Motion carried unanimously. (Mr. Alfrey was absent from the Council Chamber.) 26. COUNCIL DISCUSSION RE: Standards for Sidewalks, Pedways, and Bicycle Facilities (Requested by Council Member Lopez) Mr. Alfrey returned to the Council Chamber at 8:56 p.m. Ms. Lopez discussed an she received from a citizen who is building a home in an older development that has no sidewalks and no future plans for sidewalks. The city is requiring the payment of $1,500 into a sidewalk trust fund. She asked Council to comment on this Code requirement. Council Members expressed agreement for city staff to review the Code and return as quickly as possible with a recommendation. Mr. McNees said that the information will include why this provision of Code was adopted, its intent, and whether this situation is unique. Page 14 of 16

15 27. COUNCIL ACTION RE: Board Appointments a. Appointment of two members to the General Employees Pension Plan Board of Trustees. Moved by Moore/Alfrey to reappoint Cleave Frink and Christopher Steele. Motion carried unanimously. b. Appointment of two regular members and one alternate member to the Citizens Advisory Board. Moved by T. Thomas/Minus to reappoint Thomas Wicelinski as a regular member. Motion carried unanimously. Moved by T. Thomas/Moore to appoint first alternate Kharmonique St. Hubert as a regular member. Motion carried unanimously. Vice Mayor Thomas called for nominations for the second alternate seat. Council member Alfrey nominated Leslie Purdy. There were no further nominations. Moved by Moore/Alfrey to appoint Leslie Purdy. Motion carried unanimously. 28. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS Mr. Alfrey and Ms. Moore briefly discussed their involvement in connecting citizens with Florida Power and Light who are interested in participating in FPL s corridor study. Council Member Minus commented on the damage to the Melbourne Auditorium sign caused by Hurricane Irma and asked if a marquee-type sign could be considered as a replacement. Mr. McNees replied that staff will provide City Council with information on the status of the sign. Ms. Minus announced that the Melbourne Police Community Relations Council meeting and forum will be held on October 12, 7:00 p.m., at the Joseph N. Davis Community Center. Mr. Alfrey commended Ms. Lopez for her work in collecting donations and providing assistance for Hurricane Maria victims from Puerto Rico. 29. ADJOURNMENT The Vice Mayor declared the meeting adjourned at 9:22 p.m. Page 15 of 16 City Clerk 10/18/2017

16 Approved by Council: October 24, 2017 Attachment: Memorandum of Voting Conflict form for Paul Alfrey, Item #25 Page 16 of 16

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