City Commission

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda City Commission Mayor Heidi K. Herzberg Vice Mayor Victor M. Ramos Commissioner Maritza Avila-Vazquez Commissioner Anita Bradford Commissioner Loren King Commissioner Robert D. McFall Commissioner Chris Nabicht Tuesday, January 22, 2019 5:30 PM Deltona Commission Chambers 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 King - Fire Department Chaplain Anthony Alvarez. 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 January 7, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: January 7, 2019 RCM Minutes.pdf 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Quarterly Reports of City Advisory Boards/Committees - Joyce Raftery, City Clerk (386) 878-8502. Background: Quarterly Reports of City Advisory Boards/Committees: City of Deltona Page 1 Printed on 4/15/2019 City Commission Agenda January 22, 2019 1) Parks and Recreation Advisory Committee - (Written Report Only) · Senior Advisory Sub-Committee · Youth Advisory Sub-Committee · Citizen Accessibility Advisory Sub-Committee 2) Ordinance Review Committee - (Written Report Only) 3) Affordable Housing Advisory Committee - (Written Report Only) 4) William S. Harvey Deltona Scholarship Advisory Board - (Written Report Only) Attachments: P&R 2018 3rd Quarter Report ORC & AHAC 2018 3rd Quarter Report WSH 2018 3rd Quarter Report B. Economic Development Update. Jerry Mayes, Economic Development Manager, (386) 878-8619. Strategic Goal: Economic Development Background: Economic Development update on current and future development within the City of Deltona. Good things are happening in the City of Deltona. Attachments: Howland to Cat Poster.pdf 6. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 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. Request for approval of bid award to General Underground, LLC, for Deltona Water Reclaimed Water Main Extension Project Parts A - D - Dave Denny, City of Deltona Page 2 Printed on 4/15/2019 City Commission Agenda January 22, 2019 Public Works/Deltona Water (386) 878-8973 & Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Infrastructure - Preserve and increase the City’s water supply Background: The Reclaimed Water Main Extension Project, Parts A-D, consists of four (4) different areas in a single project for the construction of approximately 17,425 lineal feet of 2”, 4”, 2”, 8”, 10”, and 12” reclaimed water mains. The estimated cost of the entire project is approximately $1.75 million, funded in part through a cost-sharing agreement between the City and St. Johns River Water Management District (SJRWMD). The City received ten (10) bids for the four-part project on December 11, 2018. Staff reviewed the bids and recommend approval of the bid to General Underground, LLC, as the lowest responsive bid for a total amount of $2,299,956. Upon approval authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: BID TAB-ITB# PW 19-02 B. Request for approval of the Vineland Reserve Forcemain Upsizing Agreement, Assignment of Rights to Right-of-Way Utility Easement and Right-of-Way Utility Easement Agreement - Dave Denny, Public Works/Deltona Water (386) 878-8973. Strategic Goal: Infrastructure Background: The City recently approved the Preliminary Plat and Engineering Construction Plans for the development of a single-family residential master planned community with 279 units with an amenity center. The new development requires a six (6) inch forcemain. The City staff has requested the Developer to instead install an eight (8) inch forcemain to accommodate future growth in the area. As part of the forcemain construction a new utility easement will be necessary for its installation. The Developer has negotiated the purchase of the new easement with the property owner, Southwest Volusia Healthcare Corporation, and the new easement will be dedicated to the City. A temporary assignment of rights will be necessary for the Developer to install the forcemain on the City’s new easement. Upon approval authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. City of Deltona Page 3 Printed on 4/15/2019 City Commission Agenda January 22, 2019 Attachments: Cost sharing agreement Exhibit A.pdf Cost sharing agreement Exhibit B.pdf Cost sharing agreement Exhibit C.pdf Exhibit A- Hospital Easement Legal Nov 14 2018.pdf Final Cost Sharing Agreement w-changes from City doc#02317872(02335147-2x Final Easement Assignment (02335130-2x9C973).doc Site Plan_Exhibit B.pdf Utility Easement -Final (02335142x9C973).doc C. Request for approval Resolution 2019-03, FY 2018-19 Budget Amendment #1 - Camille Hooper, Finance Department, 386 878-8552. Strategic Goal: Fiscal Issues - Maintain a Balanced Budget Background: The Commission approved the annual budget for FY 2018-19 on September 17, 2018. Staff requests budget amendments as detailed in attached Exhibits A - G for routine carryforward of capital projects and equipment purchases budgeted in 2017-2018 still in progress as of September 30, 2018; new grant revenues; and to amend the project budgets for Reclaimed Water Main Project Parts A-D based on the project bid. Upon approval authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: 2019-03 - Budget Amendment #1 - FY 2018-19 2019-011 Exhibit A_Deltona Water Carryforwards 2019-012 Exhibit B_Stormwater Carryforwards 2019-013 Exhibit C_Replacement Equipment Carryforwards 2019-014 Exhibit D_Transportation Carryforwards 2019-015 Exhibit E_DW Reclaimed Water Main Projects A-D 2019-016 Exhibit F_Duke Economic Development Grant 2019-017 Exhibit G_Municipal Complex Carryforward 2019-018 Exhibit H_Park Projects Carryforward D. Revisions to City of Deltona Incentives Program - Jerry Mayes, Economic Development Manager, (386) 878-8619. Strategic Goal: Economic Development Background: The OED is considering some minor changes to the City of Deltona incentives program. While the changes are minor, they help clarify City of Deltona Page 4 Printed on 4/15/2019 City Commission Agenda January 22, 2019 certain items with short explanations. Attached is a copy of the incentives program that was adopted on June 20, 2017, showing the changes (additions in blue, deletions in red with strike-through). Also, the pages have been numbered to make reference to page and section easier during review and presentation. Simply for clarification, page 4 is a sample worksheet and is not an actual part of the City of Deltona Incentives Program. Upon approval authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Incentives 9. ORDINANCES AND PUBLIC HEARINGS: 10. OLD BUSINESS: A. Public Hearing - Resolution 2019-01, vacating a portion of the Mangoe Street and an unnamed alley rights of way within the Davis Park 3rd Addition plat as recorded in map book 18, page 117 of the public records of Volusia County, FL as per City Land Development Code Chapter 106, Sec. 106-32 - Ron A. Paradise, Assistant Director, Planning and Development Services (386) 878-8610. Strategic Goal: Economic Development - Focus on Howland Blvd. as the gateway for commercial growth. Background: A joint application has been made by two private landowners, consistent with Section 106-32 of the Land Development Code to vacate a portion of a certain right of way and alleyway within the Davis Park 3rd addition subdivision. The applicants each own assemblages of small lots. The two owners, Deltona Retail Holdings and Frank A. Ford own abutting or adjacent land and are apparently partnering to create a more unified ownership condition within the area. The vacation request involves the transfer of approximately ½ acre of public land to private interests. The requested rights of way vacation will better position the property for commercial development planned for the area and will serve as an economic incentive to bring more commercial development to the City of Deltona. However, the owners have not divulged any definitive land use proposals. For more information see the attached staff report and map of the rights of way being requested for vacation. City of Deltona Page 5 Printed on 4/15/2019 City Commission Agenda January 22, 2019 Approval of this item authorizes, as applicable, the necessary budget transfers and further authorizes the City Manager to sign any documents necessary to implement Commission approval of this item. Attachments: Resolution 2019-01 Staff Report Resolution 2019-01 Vacation Request Map B. Public Hearing - Ordinance No. 18-2018, Repealing Chapter 22, “BUSINESSES”, at first reading and to schedule second and final reading for February 18, 2019. - Joyce Raftery, City Clerk (386) 878-8502. Strategic Goal: Public Safety Background: At the Commission Workshop of October 13, 2014, the City Commission decided that the City should repeal the recently enacted Rental Regulatory Ordinance which was done by the adoption of Ordinance No. 28-2014. However, in the attempt to repeal all of the regulations a portion was in Chapter 22 which was forgotten, scrivener’s error, and this ordinance will take care of that. Upon approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorized the City Manager to sign any documents necessary to further Commission approval of this item. Attachments: Ordinance No. 18-2018 C. Public Hearing - Ordinance No. 01-2019 and protocol for returning security deposits - Dave Denny, Deltona Water/Public Works, (386) 878-8973. Strategic Goal: Fiscal Issues Background: The current policy on deposits is that the deposits remain with the account until the account is closed out. A deposit will then be applied to the outstanding bill and any difference forwarded to the account holder. By ordinance deposits are held in a non-interest bearing account. Staff is recommending a change to the current protocol. Refund of customer’s utility deposit may occur as follows: a) Customer has not had any disconnects for non-payment for twenty-four (24) consecutive months. b) Customer has not had more than two (2) late payments for twenty-four (24) consecutive months. c) Refunded deposits will only be processed during the billing cycles for that group of customers. Accounts will be monitored City of Deltona Page 6 Printed on 4/15/2019 City Commission Agenda January 22, 2019 on an individual basis to determine if criteria have been met for a deposit refund. A new security deposit will be required if a disconnect fee is issued or the customer has more than 2 (two) late payments in a consecutive twenty-four (24) month period. See attached draft ordinance. Staff also recommend that the ordinance continue to require utility deposits be held in a non-interest bearing account. Prevailing interest rates are less than 1% annually so the amount of earnings would be nominal. Staff estimate that, if this ordinance is approved, the City will maintain an average balance of $200,000 in utility deposits on hand. At the current interest rate of 0.6%, interest earnings on this amount would total only $1,200 annually. Upon approval of this item authorizes, as applicable, the necessary budget transfers and further authorizes the City Manager to sign any documents necessary to implement Commission approval of this item. Attachments: Deposit Ordinance D. Public Hearing - Ordinance No. 05-2018, rezoning request (RZ18-001) for a +113.4 acre site from R1-AA to Residential Planned Unit Development, at second and final reading - Ron A. Paradise, Assistant Director, Planning and Development Services, (386) 878-8610. Strategic Goal: Economic Development - Create more diversified & high-quality housing opportunities to provide for all market demands. Background: The City of Deltona received an application for a rezoning to change the zoning on a ±113.4 acre parcel from R1-AA to Residential Planned Unit Development (RPUD). The project is planned to feature 259 detached residential units on individual lots. The lot sizes vary in size from approximately 19,000 square feet to 6,875 square feet. The project, known as Hampton Oaks, is located north of Spirit Elementary school and Lake Baton Estates and east of the Sterling Silver neighborhood. The property, as designed, has three access points: Meadowlark Drive, Alabaster Way and Pearl Tree Road. The project features community amenities including ample perimeter buffers and a 28 acre nature preserve. For more information relating to the project see the attached staff report and related graphics. All PUD zoning actions are associated with a written Development Agreement (DA). The Hampton Oaks DA is attached. The DA illustrates how the property will be developed by articulating requirements such as a minimum lot sizes, setbacks, etc. However, City of Deltona Page 7 Printed on 4/15/2019 City Commission Agenda January 22, 2019 after the agenda for the Planning and Zoning Board was prepared, City staff and the applicant continued to work on Section 6.m. of the attached DA. Section 6.m. addresses the development of model homes. After conducting further research, including how other municipalities manage model home development, staff is proposing Section 6.m. of the DA be changed. Proposed Section 6.m language is attached as a stand-alone document. The Planning and Zoning Board did review the Section 6.m language. On October 17, 2018, the Planning and Zoning Board heard the Hampton Oaks RPUD rezoning request. After weighing information and input from staff, the applicant and concerned citizens, the Planning and Zoning Board with one member absent voted unanimously to forward this ordinance to the City Commission with a recommendation to deny the RPUD rezoning request. The concerns expressed, which led to the aforementioned recommendation, were as follows: 1) Traffic 2) Drainage 3) Too many lots proposed In light of the recommendation by the Planning and Zoning Board, on October 18, 2018, the applicant requested the City Commission grant a continuance to the December 17, 2018 City Commission meeting to allow for further public outreach. In the interim the applicant has furthered studied traffic impacts and explored mitigation alternatives. Also, the master development plan has been updated and clarified with the intent of highlighting project amenities such as buffers, recreational facilities and utility reservations. In addition, further refinement of the project has resulted in two changes to the RPUD written Development Agreement (DA). The first change is to increase the minimum dwelling unit living area from 1,200 square feet to 1,400 square feet. The 1,400 square foot minimum dwelling unit living area threshold is consistent with the existing R1-AA zoning classification. The perimeter buffers associated with this rezoning request as depicted on the Master Development Plan (MDP) range from 5’ to over 25’ in width. The majority of the buffer widths are in the 15’ to 25’ range. To ensure the buffers depicted on the MDP will be recognized the text of the DA has been updated. The intent of the language change is to ensure greater consistency between the written DA and accompanying MDP graphic. The applicant in an effort to achieve better land use compatibility has agreed to increase yard setbacks. The front yard setback is proposed to be increased from 20’ to 25’. The 25’ front yard setback distance is identical to the majority of the existing single family dwelling unit development pattern within the City. The applicant has proposed to change the side yard setbacks City of Deltona Page 8 Printed on 4/15/2019 City Commission Agenda January 22, 2019 from 6’ to 7.5’ (With a provision to allow some encroachment for HVAC and related mechanicals. The goal is to provide more dwelling unit separation and open space retention. Finally, the applicant will improve the Beechdale Dr. right of way to afford a northerly access route. The DA has been updated to address the Beechdale Dr. improvements. The Beechdale Dr. improvement is described elsewhere in this memorandum. To fully compare and contrast the RPUD rezoning request and the existing development entitlements allowed under the R1-AA zoning the applicant prepared a subdivision plan as if the property were to be developed under the R1-AA zoning. The conceptual R1-AA development featured 228 units compared to the 259 units proposed under the RPUD. However, the R1-AA proposal resulted in significantly less open space preservation, limited amenities, and less perimeter buffering. The access options under the R1-AA project include the use of all available access points including Steeplechase Ln. and Sterling Silver Blvd. For more information regarding the R-1AA and proposed RPUD development proposals see the attached zoning comparison table. A public scoping meeting regarding the Hampton Oaks project occurred on January 15, 2019. The applicant discussed the project with nearby residents and other interested citizens. Many topics were broached ranging from school capacity (As per a Volusia County School District representative present at the meeting there is capacity.), access, traffic control and drainage. The meeting did provide a venue for concerned citizens and the applicant to voice various positions relating to the project. However, there will be no major material alterations to the Hampton Oaks plan as a result of the public meeting. Finally, another access to the project will be afforded to the north. The access will involve the improvement of about 350’ of platted public right of way known as Beechdale Dr. The Beechdale Dr. improvement will be the responsibility of the applicant to fund and undertake. The improvement will be required to comply with all applicable regulations involving paving, elevation, drainage, etc. After the improvements are complete, the City will maintain the road like any other City right of way. Upon approval of this item authorizes, as applicable, the necessary budget transfers and further authorizes the City Manager to sign any documents necessary to implement Commission approval of this item. City of Deltona Page 9 Printed on 4/15/2019 City Commission Agenda January 22, 2019 Attachments: Hampton Oaks-Adequacy Review.pdf Ordinance No. 05-2018.pdf Staff Report Hampton Oaks RPUDsept18 Exhibit A - Development Agreement Exhibit B - Legal Description Exhibit C- Hampton Oaks MDP Hampton Oaks Updated MDP Aerial Photo Existing Zoning FLU Map Location Map Proposed Zoning Soils Map Update to Section 6.m. of the D.A. Zoning Comparison Table 11. NEW BUSINESS: A. Consideration of the Commissioner Bradford’s appointment to the Ordinance Review Committee. - Joyce Raftery, City Clerk’s Office (386) 878-8502. Strategic Goal: Internal & external communication Background: At the Regular Commission Meeting held on November 19, 2018 Commissioner Bradford appointed Joseph Bracken to the Ordinance Review Committee. On December 14, 2018 Mr. Bracken stated he could no longer serve on the Ordinance Review Committee. The City has run press releases, posted the openings on D-TV, the City's web page and bulletin boards. To date the City has received applications from the following individuals: Michael Bowman, Donald Freeman, Ernest O’Brien, Caleb Woehr and John Woehr. Attachments: Ordinance Review Committee Member List Notice of Employment Change - Joseph Bracken Application-Michael Bowman Appication - Donald Freeman Application-Ernest Steven O'Brien Application-Caleb Woehr Application-John Woehr City of Deltona Page 10 Printed on 4/15/2019 City Commission Agenda January 22, 2019 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 11 Printed on 4/15/2019