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 Monday, April 1, 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 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 of the Regular Commission Meeting of March 18, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: March 18, 2019 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Ecological Tourism Sustainability Program update and highlights. B. Super Star Student of the Month Certificates for March 2019 City of Deltona Page 1 Printed on 6/4/2020 City Commission Agenda April 1, 2019 Background: Super Star Student of the Month awards for March 2019 will be presented to: 1. Deltona Lakes Elementary, Breanna Britt, 3rd grade 2. Discovery Elementary, Kiriana Reine, 5th grade 3. Forest Lake Elementary, Garrick Spencer, 5th grade 4. Friendship Elementary, Noah Briley, 1st grade 5. Pride Elementary, Olivia Camilli, 2nd grade 6. Spirit Elementary, Skye Gentile, 1st grade 7. Sunrise Elementary, Kristian Santos, VP-Kindergarten 8. Timbercrest Elementary, Sarah Pagan, 1st grade 9. Volusia Pines Elementary, Bailey Smiley, 3rd grade 10. Deltona Middle, Andrea Castillo-Cobo, 7th grade 11. Heritage Middle, Aryana Pickens Trujillo, 7th grade 12. Deltona High, Omayra Sanchez, 10th grade 13. Pine Ridge High, Sage Schaefer, 12th grade 14. University High, Tyrique Taylor, 11th grade C. Recognition - Sonia Rivera and Tiffany Bryant Background: On 2/6/2019, Ms. Lily Gonzalez was carrying her 5 year old special needs son across the street to their school bus, with all his bags, blanket and special needs equipment. Ms. Sonia Rivera, a 20 year old veteran driver for bus 1918, Route 628, yelled at Lily to stop and beeped the horn so loud it stopped Lily in her tracks. At that moment, a speeding SUV ignored the bus signal, passed within inches of Lily and her son, and took off without a second glance. If it were not for Ms . Rivera’s fast actions, Lily believes they would not be alive. Ms. Sonia Rivera and her bus aide, Ms. Tiffany Bryant, take care of a lot of special needs children on their bus route to Deltona Lakes Elementary. They are being recognized for their loyalty, love of their job and their help in preventing a serious incident. D. Proclamation - Child Abuse Prevention Month Background: April is Child Abuse Prevention Month. The Department of Children and Families would invite all Volusia County residents to recognize the importance of preventing child abuse, recognize the detrimental effect abuse has on our children, and invite all to participate in activities that strengthen families and promote healthy environments for children. Several activities are planned within Volusia County: Friday April 6th is wear Blue Day for Prevention and a Child Abuse Prevention Block Party for both the east and the west side of Volusia. The Block Party events will be April 9th at Earl Brown Park in Deland from 5:00 to 7:00pm and April 10th at Holly Hill City Hall from 5:00 to 7:00pm. City of Deltona Page 2 Printed on 6/4/2020 City Commission Agenda April 1, 2019 Attachments: Child Abuse Prevention Month E. Proclamation - Water Conservation Month Background: A proclamation to recognize the month of April as “Water Conservation Month” in the City of Deltona and encourage each resident, visitor and business to help protect our precious resource by practicing water conservation measures and becoming more aware of the need to conserve water. Attachments: Water Conservation Month 2019 F. Presentation - Advent Health emergency care facility update. Background: Advent Health will be providing an update on the emergency care facility being built at 3120 Howland Blvd., Deltona. Attachments: Advent Health Presentation 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 recommendations for scholarship awards from the William S. Harvey Deltona Scholarship Advisory Board - Joyce Raftery, City Clerk’s Department (386) 878-8502. Strategic Goal: Internal and External Communication. Background: The William S. Harvey Deltona Scholarship Advisory Board met on March 14, 2019 and selected 20 applicants to receive the 2018/2019 scholarship awards. The selections were based on the following criteria: 1) financial need; 2) academic achievement; 3) school; 4) community and/or leadership activities; 5) special skills and/or talents; City of Deltona Page 3 Printed on 6/4/2020 City Commission Agenda April 1, 2019 and 6) an essay of 500 to 750 words. In December, 2015 staff was directed to revise the application process to include “trade schools”. The application packets were hand delivered to each school, placed on the website and distributed to all City facilities. 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: 2018-2019 Scholarship score sheet B. Request for approval of Resolution No. 2019-14, Extension of Interlocal Agreement with Volusia County for distribution of Local Option Fuel Tax Proceeds for one year beginning September 1, 2019 through August 31, 2020 - Camille Hooper, Finance Director (386) 878-8552. Strategic Goal: Fiscal Issues - Maintain current fiscal stability. Background: The City currently receives Local Option Fuel Tax proceeds in accordance with an interlocal agreement with Volusia County. The agreement originated September 1, 2003, and has been extended twice; it is scheduled to expire on August 31, 2019. The County and sixteen municipalities currently participate in the distribution agreement. Volusia County recommends that the current agreement be extended one year to allow full focus on the half -cent infrastructure sales surtax initiative as well as sufficient time to renegotiate the distribution formula if the participants so choose . Accordingly, staff recommends that the Commission approve a one-year extension of the existing agreement. Resolution No. 2019-14 approves an extension of the existing agreement with the County through August 31, 2020. 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: 2019-14 Resolution - Extension of LOFT through August 31, 2020 C. Request for approval of Resolution No. 2019-16 to support and recommend that a proposal to change the name of the Wekiva River Aquatic Preserve to the Wekiva-Middle St. Johns Aquatic Preserve be adopted by the State of Florida. - Marsha Segal-George, Assistant City Attorney, Office of the City Attorney, (386) 878-8873. City of Deltona Page 4 Printed on 6/4/2020 City Commission Agenda April 1, 2019 Strategic Goal: Internal and External Communication Background: The City Commission of the City of Deltona recognizes the importance and value of the St. Johns River’s resources to both the City of Deltona and the State of Florida concerning water quality, habitat and recreational opportunities. The City Commission agrees with its many residents that the importance of the St. Johns River and its resources should be specifically reflected in the name of the Wekiva River Aquatic Preserve. 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: Resolution 2019-16 D. Request for approval of Resolution No. 2019-15 for the City of Deltona to designate the Lakeshore Facility, 980 Lakeshore Drive, Deltona, FL 32725 as a trailhead. - Jerry Mayes, Economic Development Manager, (386) 878- 8619. Strategic Goal: Infrastructure Background: Under the City’s program of Ecological Tourism Sustainability, the City of Deltona strives to expand its recognition as an environmental destination, through the development of ecologically themed parks and trails. The City of Deltona applied to the Department of Environmental Protection’s Department of Greenways & Trails for a designation as a Florida Trail Town and for the Lakeshore Facility and the Lakeshore Loop Trail to be designated as a Florida Trailhead. On January 23, 2019, the Department of Greenways and Trails designated the City of Deltona as a Florida Trail Town and the Lakeshore Facility and the Lakeshore Loop Trail as a Florida Trailhead. The City of Deltona’s resolution to designate the Lakeshore Facility and the Lakeshore Loop Trail compliments the State of Florida’s designation and allows the Ecological Tourism Sustainability Program to better promote the City of Deltona as an ecologically friendly destination. 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: Resolution 2019-15 9. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 03-2019, Amending Section 110-814(g), Bars, Lounges and Package Stores of the Land Development Code to eliminate City of Deltona Page 5 Printed on 6/4/2020 City Commission Agenda April 1, 2019 distance requirements for bars, lounges and night clubs from other bars, lounges and night clubs, package stores and houses of worship; further define a school with regard to separation requirements and update to reflect a change of Florida Administrative Code citation designation, at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Economic Development. Background: Separation distances, setbacks, buffers and other horizontal requirements are longstanding and effective tools to implement land use compatibility goals. In the case of bars and nightclubs, the current Land Development Code requires a separation distance of 1,000 feet from other bars, night clubs or package stores. The rationale behind the 1,000 foot separation distance is to ensure that a single neighborhood is not overly burdened by bars/night clubs and potential negative impacts. Houses of worship and especially schools are considered to be sensitive land uses. Separating houses of worship and bars has a lengthy history dating back to the founding of the United States. Lack of temperance and spiritual betterment have been traditionally viewed as conflicting dispositions. Currently the City has a 500 foot separation requirement between a bar and house of worship. In addition, to minimize exposure of the young to behavior associated with intoxication, bars are required to be located 500 feet from schools. The 500 foot separation requirement between bars and schools is even codified within State Law. However, times, attitudes and community expectations change. In April/May of 2018, the City adopted Ordinance No. 04-2018 which eliminated separation distance requirements between bars and houses of worship and a new alcohol related land use trend referred to as craft alcohol. (Craft alcohol uses are still required to adhere to a 500 foot separation distance from schools.) Craft alcohol is a generic term which includes brew pubs, micro-breweries, micro-wineries and craft distilleries. These emerging uses have been established in vacant downtown sites, underperforming commercial nodes, etc. and in some cases have helped transform struggling markets into trendy destinations. Therefore, seeing the benefits of craft alcohol uses, the City sought to encourage those types of activities. During the adoption of the craft alcohol ordinance there were concerns City of Deltona Page 6 Printed on 6/4/2020 City Commission Agenda April 1, 2019 expressed about parity regarding how craft alcohol uses and bars /night clubs are regulated. In addition, there was recognition and discussion as part of the Ordinance No. 04-2018 adoption process about growth in the local spiritual community, especially in the number of small, sometimes non-denominational congregations. Many of these small-scale religious activities have been established in commercial storefronts and other commercial leasable areas throughout the City . The expansion of these religious activities within commercial areas further challenged the establishment of craft alcohol uses. Therefore, to address the above mentioned concerns regarding how bars and night clubs are regulated, Ordinance No. 03-2019 has been proposed. Ordinance No. 03-2019 is an amendment to Section 110-814(g) to facilitate the following: 1) Eliminate the separation distance between bars, night clubs and craft alcohol uses; 2) Eliminate the separation distance between bars and night clubs and houses of worship; and 3) Maintain a 500 foot separation distance been bars/night clubs and schools but use the State Statute definition of a school. (This eliminates confusion as to what is and is not a school.) 4) Recognize an updated Florida Administrative Code citation system. For more information see the attached staff report and Ordinance No . 03-2019. The approval of Ordinance 03-2019 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: Ordinance No. 03-2019 Staff report Ordinance No. 03-2019 ordinance B. Public Hearing - Acceptance of Final Plat 18-001, Phase I of Fernanda Place - Ron A. Paradise, Director of Planning and Development Services (386) 878-8610. Strategic Goal: Create more diversified and high-quality housing opportunities. Background: The subject property was rezoned in 2015 to RPUD facilitating the development of a residential subdivision. In late 2017, a preliminary plat City of Deltona Page 7 Printed on 6/4/2020 City Commission Agenda April 1, 2019 Development Order was conditionally approved and in the Fall of 2018 an addendum to address and clarify various conditions associated with the 2017 preliminary plat Development Order was issued by the Development Review Committee (DRC). On February 21, 2019, the DRC approved the Fernanda Place Phase I final plat. Phase I of Fernanda Place involves the creation of 129 single family lots on 47 acres. The Fernanda Place project is a two phase project and application FP18-001 is the first phase. The second phase of the Fernanda Place project was reviewed by City staff and DRC at approximately the same time. The cumulative number of units proposed for both phases is 252. Fernanda Place has access to Howland Blvd. The access between Howland Blvd. and the lots created as part of the Fernanda project extends through unincorporated Volusia County of which the City has no land use jurisdiction. However, there is an illustration and notation regarding the access extending through unincorporated Volusia County included as part of the Phase I plat materials. The inclusion and notation of the unincorporated area is presented as a method to provide context regarding the general access serving the project. The inclusion and notation of the unincorporated area has been reviewed by the County and the City and has been determined to be legally appropriate. Also, the final plat has been peer reviewed by a professional surveyor and mapper from the engineering firm Tetra Tech. The plat has been deemed technically sufficient by the City’s peer reviewer. As has been mentioned, both Phase I and Phase II of Fernanda Place result in the creation of 252 units. According to the City Land Development Code, projects resulting in more than 200 units are to be reviewed by the Planning and Zoning Board. There is recognition each plat as a standalone request did not result in the creation of more than 200 units. However, since both plats were processed at the same time and for the same project, both plats were reviewed by the Planning and Zoning Board. On March 20, 2019, the Planning and Zoning Board recommended the City Commission approve FP 18-001 as attached to this agenda item. Finally, approval authorizes the necessary budget transfers to facilitate Commission approval and further authorize the City Manager to sign any documents necessary to further Commission approval of this item. For more information see the attached plat materials and staff report. City of Deltona Page 8 Printed on 6/4/2020 City Commission Agenda April 1, 2019 Attachments: Staff_Report pz phase 1 fernanda Fernanda Place Phase 1 Plat - Final 3-14-19 C. Public Hearing - Acceptance of Final Plat 18-002, Phase II of Fernanda Place - Ron A. Paradise, Director of Planning and Development Services (386) 878-8610. Strategic Goal: Create more diversified and high-quality housing opportunities. Background: The subject property was rezoned in 2015 to RPUD facilitating the development of a residential subdivision. In late 2017, a preliminary plat Development Order was conditionally approved and in the Fall of 2018 an addendum to address and clarify various conditions associated with the 2017 preliminary plat Development Order was issued by the Development Review Committee (DRC). On February 21, 2019, the DRC approved the Fernanda Place Phase II final plat. Phase II of Fernanda Place involves the creation of 123 single family lots on 96 acres. The Fernanda Place project is a two phase project and application FP18-002 is the second phase. The first phase of the Fernanda Place project was reviewed by City staff and DRC at approximately the same time. The cumulative number of units proposed for both phases is 252. The final plat has been peer reviewed by a professional surveyor and mapper from the engineering firm Tetra Tech. The plat has been deemed technically sufficient by the City’s peer reviewer. As has been mentioned, both Phase I and Phase II of Fernanda Place result in the creation of 252 units. According to the City Land Development Code, projects resulting in more than 200 units are to be reviewed by the Planning and Zoning Board. There is recognition each plat as a standalone request did not result in the creation of more than 200 units. However, since both plats were processed at the same time and for the same project, both plats were reviewed by the Planning and Zoning Board. On March 20, 2019, the Planning and Zoning Board recommended the City Commission approve FP 18-002 as attached to this agenda item. Finally, approval authorizes the necessary budget transfers to facilitate Commission approval and further authorize the City Manager to sign any documents necessary to further Commission approval of this item. For more information see the attached plat materials and staff report. City of Deltona Page 9 Printed on 6/4/2020 City Commission Agenda April 1, 2019 Attachments: Staff_Report pz phase 2 fernanda Fernanda Place Phase 2 3-14-19 10. OLD BUSINESS: A. Requests for approval of Dewey Boster inclusive playground - Ryan Reckley, Director, Parks and Recreation Department, (386) 878-8902. Strategic Goal: Infrastructure Background: As Parks and Recreation continues its efforts to improve our park facilities in the City of Deltona, we are requesting approval of $193,921.20 plus $6078.80 (contingency), totaling $200,000, for an inclusive playground. We are utilizing anticipated cost savings from our current CIP projects from the Parks Project fund which will allow us to fund this project without requesting funding from the general fund reserves. The Commission has approved the removal of the current playground, which will be replaced with exercise stations. Due to concerns from the residents, in reference to the children of the community losing a playground without replacement, the Parks and Recreation Department has researched solutions for replacing the playground along with adding the approved exercise station. This addition will improve and elevate the overall usage of this facility, and enhance the inclusivity of the City. If approved, the new playground can be installed by June 2019. 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: Dewey Boster Sports Complex Quote 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 City of Deltona Page 10 Printed on 6/4/2020 City Commission Agenda April 1, 2019 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 6/4/2020