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City Commission

Regular Meeting

Deltona, FL · August 20, 2018

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Monday, August 20, 2018 5:30 PM 2nd Floor Conference Room City Manager's Agenda Review 1. CALL TO ORDER: Mayor Masiarczyk called the City Manager's Agenda Review Meeting to order at 5:30 p.m. 2. ROLL CALL – CITY CLERK: Present: 8 - Commissioner Bradford Commissioner Honaker Commissioner McFall Commissioner Nabicht Commissioner Ramos Vice Mayor Herzberg Mayor Masiarczyk City Attorney 3. INVOCATION AND PLEDGE TO THE FLAG: Mayor Masiarczyk led the Pledge to the Flag. Commissioner Nabicht stated he will do a silent invocation unless Pastor Bradley is in attendance. A. Invocation Presented by Commissioner Nabicht. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes - Special Commission Meeting of July 23, 2018 and Regular Commission Meeting of August 6, 2018, as presented. - Joyce Raftery, City Clerk (386) 878-8502. There were no questions or comments on this item. 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Analysis of Impediments to Fair Housing Report, Presentation by consultant Ms. Kimberly Spence, Florida Housing Coalition City of Deltona Page 1 Printed on 6/3/2020 City Commission Minutes August 20, 2018 - Ron Paradise, Assistant Director, Planning and Development Services (386) 878-8610. Strategic Plan: Economic Development - Create more diversified and high- quality housing. There were no questions or comments on this item. 6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS: Mayor Masiarczyk asked if there were any City Commission requests or reports. Commissioner Bradford stated she had something but, could not locate her notes. She added she may be able to do it at the end. 7. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. City Manager Shang stated she believed Pastor Bradley will providing an update on the meeting under Public Forum tonight. CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity. 8. CONSENT AGENDA: A. Public Hearing - Resolution No. 2018-52, request by CSC Properties to reimburse 50% ($26,402.56) as part of the City economic development package fund for the reinforcement of City utilities associated with the development of a fast food restaurant at 499 Howland Blvd. - Jerry Mayes, Economic Development Manager (386) 878-8619. Strategic Goal: Economic Development, focus on Howland Blvd. as the gateway for commercial growth. Mayor Masiarczyk stated this item is a request by CSC Properties to reimburse 50% of the econimic development package for utilities and he asked if anyone had any questions or City of Deltona Page 2 Printed on 6/3/2020 City Commission Minutes August 20, 2018 concerns. Commissioner Honaker asked if this item should be pulled for discussion as CSC originally requested 60% and the City's policy is 50%. City Manager Shang responded that CSC has excepted the 50% so there shouldn't be any discussion as 50% is the policy. There were no other questions or concerns. 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 08-2018, Amending the City of Deltona Land Development Code to add the definition of “flex space” (Chapter 70); add flex space to the list of permitted uses within the C-2 zoning; and remove “stamp redemption centers” from the C-2 list of permitted uses (Chapter 110), at second and final reading - Ron A. Paradise, Assistant Director, Planning and Development Services (386)878-8610. Strategic Goal: Economic Development, determine a business niche for the City to target/pursue. There were no questions or comments on this item. B. Public Hearing - Ordinance No. 09-2018, Evaluation & Appraisal Report Amendment to the Comprehensive Plan, at first reading - Ron A. Paradise, Assistant Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development - update the economic development plan, including the Land Development Code. Mayor Masiarczyk stated we can discuss this downstairs, however, if you did not go to the very last page and read that it is confusing. He stated the information that was brought to the Commission by City Attorney Segal-George was late getting back from printing and that last page will be inserted in the proper section before signing; that was not clear when you read the document. City Attorney Segal-George stated the revised policy totally agrees with the City's ordinance regarding sewer and in fact it strengthens it because the sentence that she put in there talks about that fact. She stated we had received a call from the Health Department about that ordinance so it mentions the fact that Deltona has very limited sewer to begin with. She stated it is not like there is sewer all over the place and the City is just purposely not making people connect and polluting the water unnecessarily. She added it puts the decision the Commission made into context. Commissioner Honaker stated there is a Scribners error on Page 155, Table 1 in the clean version regarding the section of Howland from Courtland to Tabb being currently 2 lanes but City of Deltona Page 3 Printed on 6/3/2020 City Commission Minutes August 20, 2018 it is currently 4 lanes. There were no other comments on this item. 10. OLD BUSINESS: None. 11. NEW BUSINESS: None. 12. CITY ATTORNEY COMMENTS: City Attorney Segal-George stated she will bring up an item that the Commission was copied on under City Attorney comments regarding public records. 13. CITY MANAGER COMMENTS: City Manager Shang stated she is going to address a couple of administrative issues in regards to the next workshop and and the next Commission Meeting which is a budget meeting. 14. CITY COMMISSION COMMENTS: Commissioner Bradford asked if at this meeting the Commission was going to be doing anything for the YMCA. City Manager Shang responded that will be on the September 5th meeting but, Commissioner Bradford will not be at the meeting. It was suggested Commissioner Bradford write out comments and the comments can be read into the record by City Manager Shang. Commissioner Bradford stated the other item that had been brought up was the Guardian Program. Mayor Masiarczyk suggested Commissioner Bradford can bring it up at the meeting. There were no other comments. 15. ADJOURNMENT: Mayor Masiarczyk adjourned the meeting at 5:36 p.m. _____________________________________ Janet Day, DEPUTY CITY CLERK City of Deltona Page 4 Printed on 6/3/2020

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Mayor John C. Masiarczyk Vice Mayor Heidi Herzberg Commissioner Anita Bradford Commissioner Gary Mitch Honaker Commissioner Robert D. McFall Commissioner Chris Nabicht Commissioner Victor M. Ramos Monday, August 20, 2018 5:30 PM 2nd Floor Conference Room City Manager's Agenda Review 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Nabicht. 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 - Special Commission Meeting of July 23, 2018 and Regular Commission Meeting of August 6, 2018, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: July 23, 2018 SCM Minutes August 6, 2018 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Analysis of Impediments to Fair Housing Report, Presentation by consultant Ms. Kimberly Spence, Florida Housing Coalition - Ron Paradise, Assistant Director, Planning and Development Services (386) 878-8610. City of Deltona Page 1 Printed on 6/3/2020 City Commission Agenda August 20, 2018 Strategic Plan: Economic Development - Create more diversified and high- quality housing. Background: An Analysis of Impediment (AI) report represents a community profile regarding housing, socio-economic status, lending practices, and other matters relating to housing and the availability thereof for low and moderate income families. The City as a Community Development Block Grant (CDBG) entitlement community is mandated by the U.S. Department of Housing and Urban Development to prepare an AI report every five years. The City hired the Florida Housing Coalition to prepare the AI for the City. As part of the required public participation process, Ms. Kimberly Spence from the Florida Housing Coalition will provide an update to the City Commission regarding the AI report. A power point prepared by Ms. Spence is attached. Attachments: Deltona AI Commission Meeting Presentation 6. CITY COMMISSION SPECIAL REPORTS, REQUESTS AND DISCUSSION TOPICS: 7. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. Citizen comments for any items. (4 minute maximum length per speaker) CONSENT AGENDA: The consent agenda contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Commission wish to speak on a consent item, they have the same opportunity. 8. CONSENT AGENDA: A. Public Hearing - Resolution No. 2018-52, request by CSC Properties to reimburse 50% ($26,402.56) as part of the City economic development package fund for the reinforcement of City utilities associated with the development of a fast food restaurant at 499 Howland Blvd. - Jerry Mayes, Economic Development Manager (386) 878-8619. City of Deltona Page 2 Printed on 6/3/2020 City Commission Agenda August 20, 2018 Strategic Goal: Economic Development, focus on Howland Blvd. as the gateway for commercial growth. Background: On June 19, 2017 the City approved an economic development incentive fund to promote business development by improving public infrastructure, etc. The fund currently contains about $1,000,000. On November 2, 2017 the Development Review Committee approved a Dunkin’ Donuts fast food restaurant at 499 Howland Boulevard (intersection of Howland and Ft Smith Boulevards). After the project was underway, the developer, CSC Properties, was required to add additional reinforcement under the Howland Blvd. entrance driveway to protect the City’s 24 inch water main. This situation resulted in an extra cost to the developer of $52,805.12. The $52,805.12 quote, presented as a change order, is attached. To defray the unexpected cost needed to protect the City utility line, CSC Properties has requested a shared cost allocation with the City . The developer has requested $33,660 from the City. This represents an approximate 60% share of the costs. The remaining 40% is proposed to be paid by the developer. When the economic development incentive fund was established, the City Commission indicated a 50% / 50% arrangement would be an appropriate cost share ratio for infrastructure improvements. Therefore, staff is suggesting a 50% / 50% cost sharing arrangement be applied to this request resulting in an incentive amount from the City of $26,402.56. This amount would only be disbursed to the developer after the improvements are made and pass inspection by the City. Attachments: Price Quote for Reinforcements Resolution No. 2018-52 2018-075 Econ Dev to GF 2018-076 Developer 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 08-2018, Amending the City of Deltona Land Development Code to add the definition of “flex space” (Chapter 70); add flex space to the list of permitted uses within the C-2 zoning; and remove “stamp redemption centers” from the C-2 list of permitted uses (Chapter 110), at second and final reading - Ron A. Paradise, Assistant Director, Planning and Development Services (386)878-8610. Strategic Goal: Economic Development, determine a business niche for the City City of Deltona Page 3 Printed on 6/3/2020 City Commission Agenda August 20, 2018 to target/pursue. Background: Over the last 30 years the need for less traditional commercial space has greatly expanded. The trend has been towards a flexible mix of spaces such as office, show room, retail, and assembly/clean light production areas in one building. This type of use is referred to as Flex Space and is highly sought after by small business and is often utilized by start-up businesses and entrepreneurs. Flex Space accommodates a range of companies including start-ups to well-established businesses. Flex Space is in high demand. TEAM Volusia has stated that all of the established Flex Space in Southwest Volusia County is occupied. Flex Space is not a traditional industrial or heavy commercial use. Flex Space buildings generally resemble commercial retail or office structures. Flex Space can be occupied by a wide range of employment generating end users such as small scale producers, construction trade offices, bakeries, small scale shipping /packaging operations, etc. The intent is to define Flex Space as part of Chapter 70 as follows: Mixture of climate controlled office and/or retail showroom with work space that may or may not be climate controlled. Flex space can be used for office and retail uses along with general service activities, storage, staging, assembly, and/or light production. In addition, Flex Space would be added to the list of principal uses under the C-2 zoning classification. The C-2 is a more intensive commercial oriented zoning category typically applied to land associated with high volume thoroughfares. Finally, City Staff also recommends removal of stamp redemption centers from the C-2 General Commercial Zoning District list of permitted principal uses. The term refers to a discontinued line of trading stamp operations popular in the United States from the 1900s until the late 1980s. This use is considered obsolete. Attachments: ORDINANCE 08-2018 Exhibit A B. Public Hearing - Ordinance No. 09-2018, Evaluation & Appraisal Report Amendment to the Comprehensive Plan, at first reading - Ron A. Paradise, Assistant Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development - update the economic development plan, including the Land Development Code. City of Deltona Page 4 Printed on 6/3/2020 City Commission Agenda August 20, 2018 Background: Pursuant to Section 163.3191, Florida Statutes (FS), every seven (7) years the City has the responsibility to evaluate the Comprehensive Plan (Plan) to determine whether Plan amendments are needed to reflect changes in State law and local conditions, and to notify the Department of Economic Opportunity (DEO) of this determination. After notification to the DEO, the City shall transmit the proposed amendments within one (1) year of the City’s notification letter. After the public hearing on August 21, 2017, the City notified the DEO that amendments are needed to update the Plan (Notification Letter was received by the DEO on August 28, 2017, ahead of the October 1, 2018 deadline). Thus, the transmittal due date for the Plan amendments is now August 28, 2018. The proposed amendments reflect changes in local conditions and State requirements, since the last update of the Plan in 2010. The City Commission was presented with a draft copy of the EAR based Comprehensive Plan amendments in December of 2017 in preparation for a workshop. At a January 22, 2018 Commission workshop, there was a consensus the document represented an appropriate direction. However, there was a suggestion the language within certain provisions of the Plan could be strengthened. Based on that suggestion staff did make some minor language changes to the amendment package. On June 20, 2018, the Planning and Zoning Board recommended unanimously with two members absent, the City Commission transmit the EAR package to the Florida DEO. The Board did suggest language be added to policy I2-SS1.4 to reflect recent City policy regarding the connection of existing residential to central sewer (Ordinance No. 11-2018). However, based on an advertising oversight on the part of a publisher with local circulation, the Planning and Zoning Board heard the EAR based amendment package again on July 18, 2018. The P/Z Board again with two members absent recommended unanimously the City Commission transmit the EAR package to the Florida DEO. The recommendation did include language changes to policy I2-SS1.4. The EAR based amendment package is attached and presented in an underline and strikethrough format. There is also a “clean” copy of the EAR based amendments attached. Another and separate attachment represents the changes to above referenced policy I2-SS1.4. City of Deltona Page 5 Printed on 6/3/2020 City Commission Agenda August 20, 2018 Attachments: ORD NO 09-2018 EAR BASED AMENDMENTS EAR-BASED AMENDMENTS CLEAN DOCUMENT DRAFT 4-16-2018 EAR-BASED AMENDMENTS UNDERLINE-STRIKETHROUGH FORMAT DRAF REVISED POLICY I2-SS1.4 10. OLD BUSINESS: 11. NEW BUSINESS: 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 6 Printed on 6/3/2020

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