City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Monday, February 15, 2016 5:30 PM 2nd Floor Conference Room CITY MANAGER'S AGENDA REVIEW MEETING 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Soukup Background: At the Regular City Commission Meeting on Monday, October 17, 2011, the City Commission approved to have each Commissioner by District schedule someone to present the invocation at each Regular City Commission meeting rotating each Commissioner by District starting with District #1, #2, #3, #4, #5, #6 and the Mayor 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes - Regular Commission Meeting of February 1, 2016 - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: Minutes of February 1, 2016 5. PRESENTATIONS/AWARDS/REPORTS: 6. CITY COMMISSION SPECIAL REPORTS: 7. PUBLIC FORUM: - Citizen comments limited to items not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Citizen comments for any items. (4 minute maximum length per speaker) 8. CONSENT AGENDA: 9. ORDINANCES AND PUBLIC HEARINGS: City of Deltona Page 1 Printed on 6/3/2020 City Commission Agenda February 15, 2016 A. Public Hearing - Ordinance No. 01-2016, Amending Section 50-3 and 50-28 of the Solid Waste Regulations, at second and final reading - Dale Baker, Deputy City Manager (386) 878-8852. Strategic Goal: Public Safety, strengthen code enforcement and focus on the city’s beautification program. Background: Staff has determined that there is a need to revise Chapter 50, “Solid Waste” of the City’s Code of Ordinances in order to move forward with part of our strategic plan to strengthen code enforcement and center our efforts on our beautification program. At the Commission Meeting held on January 4, 2016 the Commission voted 6 to1 to approve Ordinance No. 01-2016, to revise Chapter 50, Solid Waste, Sections 50-3 and 50-28 with changes. At a workshop on January 25, 2016 the Commission discussed the changes and decided to move forward with staff’s recommendations. These recommendations will make it easier for citizens to understand and improve the looks of our city. The biggest changes are: · Garbage must be placed in either the contract provided container or an equivalent customer provided container (no trash bags and no 32-gallon personal containers); · Acceptable quantities doubled (up to two (2) 96-gallon residential containers); · Prior notice and scheduling of bulk trash/junk will be required before placing the item(s) out for pickup (acceptable quantities are also better defined); and · Acceptable levels of yard trash have doubled (from four (4) 32 -gallon containers or eight (8) garbage bags to sixteen (16) garbage bags/piles). Amnesty of the quantity limitations will be allowed during the week following Christmas and New Year’s Day and any other amnesty day(s) determined by the City of Deltona. Upon approval, an educational/outreach program will be implemented with enforcement to begin on June 1, 2016. Attachments: Ordinance No 1-2016 - 1-28-16 B. Public Hearing - Ordinance No. 02-2016, Request to Amend the Deltona Welcome Center Business Planned Unit Development (BPUD) to a New BPUD for Lots 2 and 3, at first reading - Chris Bowley, Planning and Development Services, (386) 878-8602. City of Deltona Page 2 Printed on 6/3/2020 City Commission Agenda February 15, 2016 Strategic Goal: Economic Development: Work with existing businesses to expand/grow. Background: The Business Planned Unit Development (BPUD) request is for the development of a Racetrac gas station with a ±6,000 square foot convenience store and multiple fueling bays. The proposed amendment is to update the Development Agreement (DA) and to create a new BPUD for Lots 2 and 3. The DA has been reviewed by staff and is presented in an underline/strike-through format that addresses land use, access management, transportation, development intensity, and aesthetics. For more information, see the attached staff report including the proposed DA with recommended changes. Finally, on January 20, 2016, the Planning and Zoning Board heard the rezoning request and recommended that the City Commission adopt Ordinance No. 02-2016 BPUD. Attachments: Ordinance No. 02-2016 Staff Report RZ15-007 BPUD Development Agreement Updated w/PZ Exhibit A: Subject Property (Legal Description) Exhibit B: Master Development Plan Exhibit C: Landscaping Plans Exhibit D: Architectural Elevations Racetrac TIA 122915 C. Public Hearing - Ordinance No. 10-2016, Amending Sections 14-281 through 14-285 of the Animal Ordinance, at first reading and to schedule second and final reading - Dale Baker, Deputy City Manager (386) 878-8852. Strategic Goal: Public Safety, strengthen code enforcement. Background: On March 16, 2015 the City Commission adopted Ordinance No. 02-2015 which authorized a one-year trial program for backyard chickens. As part of the program the City Manager was to report the results of the trial program to the Commission. The City has received twelve (12) complaints over the past twelve (12) months about chickens. The complaints were for keeping chickens without a permit or having roosters. We have not received any complaints on the twenty five (25) properties that have permits for keeping chickens. City of Deltona Page 3 Printed on 6/3/2020 City Commission Agenda February 15, 2016 Staff believes the trial program was a success and recommends keeping the program. Attachments: Chickens - 2016 Ordinance 02-2015 D. Public Hearing - Resolution No. 2016-07, Request to Vacate Land Associated with the Davis Park Sixth Addition Subdivision. - Chris Bowley, Planning and Development Services, (386) 878-8602. Strategic Goal: Economic Development; Focus on Howland Blvd. as the Gateway for Commercial Growth. Background: The City of Deltona has received an application to vacate the following legally described area: Lots 1 through 23, Block 1 and Lots 1 through 23 Block 10, Davis Park Sixth Addition, MB 7 Page 25 and vacate that part of Illinois Ave. a 60’ right-of-way located south of Lot 23 Block 1 Davis Park, Sixth Addition MB 7 Page 25 and north of Lot 1, Block 10, Davis Park, Sixth Addition, MB 7 Page 25. The area is currently public right-of-way/land between unified ownership lots and the proposed vacation will make for a contiguous tract. See the attached staff report for a graphic depiction of the area. Attachments: Resolution No. 2016-07 Attachment for Resolution Resolution No. 2016-07 Staff Report Map of Subject Property E. Request to authorize the City Manager to expend up to $2,150,000 on various planned transportation projects (road resurfacing, sidewalks, Tivoli, E. Normandy) and to use Transportation Fund reserves until bond proceeds are received and to approve Resolution No. 2016-11 to establish the budget to allow the City to continue to move forward with the Transportation CIP Program - Robert Clinger, Finance Department (386) 878-8552 Strategic Goal: Infrastructure - Implement Phase I of the Transportation CIP program. Background: At the Commission Workshop held on November 23, 2015, the City Commission expressed the desire to move forward with planning, financing and construction of several road projects to include sidewalks, road resurfacing, and widening, etc. In an effort to expedite work on these projects this agenda item City of Deltona Page 4 Printed on 6/3/2020 City Commission Agenda February 15, 2016 authorizes the City Manager to use Transportation Fund reserves until bond proceeds are received and amends the City’s FY 2015/2016 Budget to allow the necessary expenditure of funds. Attachments: Resolution No. 2016-11 Budget Amendment 2016-19 F. Request for approval of Resolution No. 2016-05, Expressing Support for an Innovative Traffic Signal Technologies Pilot Project - Becky Vose, Legal Department, (407) 448-0111. Background: The City of Deltona's continued growth and prosperity depends on a transportation system that can safely and efficiently move an ever greater volume of people and goods. A new federal transportation bill is being drafted by Congress to replace MAP-21 and it is expected to include funding for one or more pilot projects to accelerate the deployment of innovative traffic signal technologies. In anticipation of this new federal funding opportunity, it is in the best interests of the City of Deltona to join with neighboring governmental entities to prepare for submitting a region-wide grant application for an innovative traffic signal technology pilot program. Congressman Mica has called this opportunity to our attention and has offered to lend his support with obtaining federal discretionary funds to conduct one or more pilot projects using innovative traffic signal technologies. This resolution expresses Deltona’s support for an Intelligent Transportation System (ITS) Master Plan. Attachments: Resolution No. 2016-05 10. OLD BUSINESS: 11. NEW BUSINESS: A. Consideration of request from JP Morgan Chase Bank for a reduction of fine from $8,400.00 assessed pursuant to Special Magistrate Case DEL-15-138. - Dale Baker, Deputy City Manager (386) 878-8852. Strategic Goal: Public Safety, strengthen code enforcement. Background: An order imposing fine/lien was entered on September 24, 2015, by the City of Deltona Special Magistrate, ordering JP Morgan Chase Bank to pay to the City of Deltona a fine in the amount of one hundred dollars ($100.00) per day beginning September 23, 2015, for each and City of Deltona Page 5 Printed on 6/3/2020 City Commission Agenda February 15, 2016 every day the violation exists and continues to exist or until a cap of $20,000.00 is reached. The violation occurred when the respondent failed to replace or repair exterior walls of holes and rotten wood at the home located at 2790 Thornberry Court. The total accumulated amount due is $8,400.00. On January 27, 2016 Ryan Waters, Esq. representing JP Morgan Chase Bank appeared before the Special Magistrate to request a recommendation to reduce the fine. The Special Magistrate made a recommendation to reduce the fine to $4,200.00. Attachments: Background_on_Case_DEL-15-138 2790 Thornberry before 2790 Thornberry after B. Consideration of Commissioner Honaker’s appointment to the Planning and Zoning Board for the remainder of a term to expire on March 15, 2016 - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and external communication. Background: Mr. Victor Ramos, Commissioner Honaker’s appointment, resigned from the Planning and Zoning Board on January 29, 2016. Per Article XII. Planning and Zoning Board, Sec. 110-1200. Creation (b), “The vacancy shall be filled within 30 days from the time it occurs.” The appointment will serve for the remainder of a term to expire on March 15, 2016. The City has run press releases, posted the opening on D-TV, the City's web page and bulletin boards. To date the City has received applications from the following individuals: Kimberlee Bailes, Cheryl Blancett, Derrick Boisette, Charles Davidson, James E. Diehl, Michael Putkowski, Justin Starkey and Frank Whittock. In addition, the following two (2) applicants, Cheryl Blancett and Charles Davidson, have applied to be appointed to Deltona Economic Development Advisory Board which is also on this agenda for February 15th. City of Deltona Page 6 Printed on 6/3/2020 City Commission Agenda February 15, 2016 Attachments: Planning and Zoning Member List P&Z BY LAWS Resignation - Ramos Application - Bailes Application - Blancett Application - Boisette Application - Davidson Application - Diehl Application - Putkowski Application - Starkey Application - Whittock C. Consideration of Commissioner Soukup's appointment and the Commission’s appointment of one (1) alternate member to the Economic Development Advisory Board - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Internal and external communication. Background: Mr. Braddy, Commissioner Soukup’s appointment, resigned from the Deltona Economic Development Advisory Board (DEDAB) on December 16, 2015. Commissioner Soukup will need to appoint a member for the remainder of Mr. Braddy’s term to expire on May 31, 2017. Mr. Moscarella was dismissed by DEDAB for having three (3) unexcused consecutive absences. The Commission will need to appoint an alternate member, per the Regular Commission Meeting held on May 4, 2015 where the Board/Committee By-Laws were revised to include alternate members, for the remainder of Mr. Moscarella’s term to expire on May 31, 2017. Also, the current alternate member, Christine Peacock, has expressed she would like to be appointed as a DEDAB member instead of being just an alternate member. If Ms. Peacock is appointed, the Commission would then need to appoint two (2) alternate members instead of one (1). The City has run press releases, posted the openings on D-TV, the City's web page and on bulletin boards. To date the City has received applications from the following individuals: Charles Davidson, Cheryl Blancett and Victor Ramos. In addition, the following two (2) applicants, Cheryl Blancett and Charles City of Deltona Page 7 Printed on 6/3/2020 City Commission Agenda February 15, 2016 Davidson, have applied to be appointed to Planning and Zoning Board which is also on this agenda for February 15th. Ms. Blancett would only like to be considered for the member position; she would not like to be considered for the alternate member position. Attachments: DEDAB Member List Resignation - Braddy DEDAB Minutes showing Moscarellas Removal Email - Alternate Member Christine Peacock Application - Blancett Application - Davidson Application - Ramos 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS: 14. CITY COMMISSION COMMENTS: 15. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 48 hours in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 8 Printed on 6/3/2020