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, December 16, 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. 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 November 18, 2019, as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: November 18, 2019 Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Super Star Student of the Month Certificates for November 2019 Background: Super Star Student of the Month awards for November 2019 will be presented to: City of Deltona Page 1 Printed on 2/23/2020 City Commission Agenda December 16, 2019 1. Deltona Lakes Elementary, Benjamin Kerins, 5th grade 2. Discovery Elementary, Kevin David, 3rd grade 3. Enterprise Elementary, Andrea Diaz Collazo, 2nd grade 4. Forest Lake Elementary, Arwen McClung, 5th grade 5. Friendship Elementary, Mia Torres, 1st grade 6. Pride Elementary, Ja’Lieyah Owens, 3rd grade and Ja’Lieria Owens 3rd grade 7. Spirit Elementary, Jeffrey Mendez, Kindergarten 8. Sunrise Elementary, Alexis Thomas, 3rd grade 9. Timbercrest Elementary, Kaleb Sphan, 4th grade 10. Volusia Pines Elementary, Baylei Murphy, 5th grade 11. Deltona Middle, Tanae Harris, 7th Grade 12. Galaxy Middle, Jasmine Bonilla, 7th grade 13. Heritage Middle, Marcel Pearson, 7th grade 14. Deltona High, Mariana Suarez, 11th grade 15. Pine Ridge High, Andrew O’Connor, 12th grade 16. University High, Joshua Ferrell, 12th grade Attachments: November 2019 Super Star Student Achievements B. Presentation - Certificate of Recognition to the champions of the City of Deltona's Parks and Recreation department fall 2019 youth basketball league. Background: Recognition to the champions of the City of Deltona's Parks and Recreation department fall 2019 youth basketball league. The Pelicans team (ages 5-8) won by a score of 25-19. The Knicks team (ages 9-12) won by a score of 55-33. C. Presentation - A new American Flag and POW/MIA Flag to be presented to the City of Deltona, Florida, by Sandi Hendriks District 19 President of VFW Auxiliary to Department of Florida. Background: Ms. Sandi Hendriks, District 19 President of VFW Auxiliary to Department of Florida, to present to the Mayor and Commissioners a new American Flag and POW/MIA Flag on behalf of the VFW Auxiliary Department of Florida. D. GFOA Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2017-18, Camille Hooper, Finance Director, (386) 878-8552. Background: The City of Deltona has been awarded the Certificate for Excellence in Financial Reporting for its 2017-18 fiscal year Comprehensive Annual Financial Report (CAFR). The Certificate is awarded by the Government Finance Officers’ Association (GFOA) and represents “the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.” City of Deltona Page 2 Printed on 2/23/2020 City Commission Agenda December 16, 2019 This is the 19th consecutive year that Deltona has received the Certificate for its CAFR. Thanks to the Finance staff for helping to prepare the CAFR, and to City management and the Commission for their support of the City’s financial reporting and participation in the Certificate program. Attachments: GFOA Certificate of Achievement for Excellence in Financial Reporting_2017-18 E. Presentation by the Volusia County Supervisor of Elections for use of City Hall Commission Chambers for early voting. Background: The Supervisor of Elections, Lisa Lewis, will give a brief presentation on the upcoming early voting schedule/location for the 2020 Election. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 15-2019, Small Scale Future Land Use Map amendment for an approximately 18,000 square foot parcel located at 1590 Tivoli Dr. from Low Density Residential to Commercial, at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Determine a business niche. Background: Ordinance No. 15-2019 is a request is to change the Future Land Use Designation for an approximately 18,000 square foot Deltona Lakes platted lot from Low Density Residential to Commercial. The property has historically been and is currently being used for a residence. On October 16, 2019, the Planning and Zoning Board heard the request and along with Ordinance No. 16-2019 continued the request to the November 20, 2019 Planning and Zoning Board. The purpose of the continuance was to allow time for the applicant to produce more information regarding the suitability for the property to support commercial uses. On November 4, 2019, the City Commission concurred with the continuance request and scheduled the request to be heard by the City Commission at the December 16, 2019 meeting for first reading. The applicant’s engineer did prepare a preliminary site plan for the project. Staff did review the proposed plan and determined the following: 1) There is not enough room for the required Sec. 110-808 landscape buffers. For example there is no 25’ front landscape buffer nor is there a buffer afforded along the western and City of Deltona Page 3 Printed on 2/23/2020 City Commission Agenda December 16, 2019 northern boundaries where the property abuts existing homes/residential properties. These boundaries abutting residential uses would need to be treated with 20’ landscape areas. Landscape buffers are intended to serve as a transition between land uses and to create an aesthetic development standard. The lack of buffers abutting residential properties is quite problematic because of the lack of separation and vegetation to help ameliorate impacts (light, noise, vehicular traffic, etc.) associated with an active commercial use will negatively impact adjacent residential land uses. An opaque fence will not be an adequate substitute and is not consistent with the Code. 2) The dumpster is too close to residences. 3) The plan meets the required parking ratios - 17 spaces. However, the two parking places - a normal parking spot and a handicapped spot - in the front of the building significantly encroach on the drive aisles and create dysfunctional and unsafe internal circulation. 4) The driveway throat does not meet the 25’ depth distance of the Land Development Code. The result will be cars backing up into the Tivoli Dr. travel lane impacting traffic flow and safe travel. 5) The proposed new driveway is approximately 250’ from the intersection of Tivoli Drive & Providence Boulevard; however the proposed new driveway for the proposed commercial use is approximately 95’ feet from Alley 500 - this would lead to traffic circulation problems as cars enter both the alley and the new driveway. The alley circulation is one way (clockwise). However, the drive circulation of the parking facility will conflict with the alley circulation. 6) The site is proposed for one-way traffic movements, the 14’ and 16’ aisles and related radius design may not meet the Code truck turning requirements. 7) The sufficiency of the stormwater pond to manage the flow from the site is unknown. A copy of the site plan illustration is attached. On November 20, 2019, the Planning and Zoning Board heard this request in light of the site plan information submitted and the associated staff review. The Board voted five to two to recommend the City Commission not adopt Ordinance No. 15-2019. Approval of this item 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 4 Printed on 2/23/2020 City Commission Agenda December 16, 2019 Attachments: Tivoli Dr ORDINANCE NO. 15-2019_09-12-2019 (002) CP19-0001 Staff Report Tivoli Dr ADA maps combined site plan 1590 Tivoli B. Public Hearing - Ordinance No. 16-2019, Rezoning of an approximately 18,000 square foot parcel located at 1590 Tivoli Dr. from R-1, Single Family to C-1, Retail Commercial, at first reading - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Determine a business niche. Background: Ordinance No. 16-2019 is a request to change the zoning on an approximately 18,000 square foot lot from R1 (Single Family) to C-1 (Retail Commercial). The property has historically been and is currently being use for a residential use. This request is associated with the small scale Future Land Use Map amendment from Low Density Residential to Commercial for the same property (Ordinance 15-2019). On October 16, 2019, the Planning and Zoning Board heard the request and along with Ordinance No. 15-2019 continued the request to the November 20, 2019 Planning and Zoning Board meeting. The purpose of the continuance was to allow time for the applicant to produce more information regarding the suitability for the property to support commercial uses. The City Commission on November 4, 2019 continued the request to the December 16, 2019 meeting. The applicant’s engineer did prepare a preliminary site plan for the project. Staff did review the proposed plan and determined the following: 1) There is not enough room for the required Sec. 110-808 landscape buffers. For example there is no 25’ front landscape buffer nor is there a buffer afforded along the western and northern boundaries where the property abuts existing homes/residential properties. These boundaries abutting residential uses would need to be treated with 20’ landscape areas. Landscape buffers are intended to serve as a transition between land uses and to create an aesthetic development standard. The lack of buffers abutting residential properties is quite problematic because of the lack of separation and vegetation to help ameliorate impacts (light, noise, vehicular traffic, etc.) associated with an active commercial use will negatively impact adjacent residential land uses. An opaque fence will not be an adequate substitute and is not consistent City of Deltona Page 5 Printed on 2/23/2020 City Commission Agenda December 16, 2019 with the Code. 2) The dumpster is too close to residences. 3) The plan meets the required parking ratios - 17 spaces. However, the two parking places - a normal parking spot and a handicapped spot - in the front of the building significantly encroach on the drive aisles and create dysfunctional and unsafe internal circulation. 4) The driveway throat does not meet the 25’ depth distance of the Land Development Code. The result will be cars backing up into the Tivoli Dr. travel lane impacting traffic flow and safe travel. 5) The proposed new driveway is approximately 250’ from the intersection of Tivoli Drive & Providence Boulevard; however the proposed new driveway for the proposed commercial use is approximately 95’ feet from Alley 500 - this would lead to traffic circulation problems as cars enter both the alley and the new driveway. The alley circulation is one way (clockwise). However, the drive circulation of the parking facility will conflict with the alley circulation. 6) The site is proposed for one-way traffic movements, the 14’ and 16’ aisles and related radius design may not meet the Code truck turning requirements. 7) The sufficiency of the stormwater pond to manage the flow from the site is unknown. A copy of the site plan illustration is attached. On November 20, 2019, the Planning and Zoning Board heard this request in light of the site plan information submitted and the associated staff review. The Board voted five to two to recommend the City Commission not adopt Ordinance No. 16-2019. Finally, the City cannot approve this rezoning unless the Future Land Use Map is changed to Commercial under Ordinance No. 15-2019. Approval of this item 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 16-2019 Tivoli Dr P&Z Staff Report Tivoli Droct29 ADA maps combined site plan 1590 Tivoli 7. OLD BUSINESS: City of Deltona Page 6 Printed on 2/23/2020 City Commission Agenda December 16, 2019 A. Request for approval of Resolution No. 2019-68, Providing for an economic development incentive package for Project Normandy located at 2600 N. Normandy Dr. - Keith Norden, President, Team Volusia and Jerry Mayes, Economic Development Manager (386) 878-8619. Strategic Goal: Economic Development - Encourage commercial/industrial capital growth as well as job creation. Background: For many months the City has been working with Team Volusia and a developer to construct an approximately 1.4 million square foot distribution facility west of N. Normandy Blvd. just south of the intersection of N. Normandy Blvd. and Graves Ave. This project has been referred locally as Project Normandy. Project Normandy represents an approximately $100,000,000 private, taxable, investment within the City. However, the project is suggested to be incentivized for a period of 5 years with an incentive package estimated to represent $2,479,966 in ad valorem tax rebates. After the 5 year period has expired, the facility will be contributing to the City tax base at full tax value. In the year 2026, the City can expect the ad valorem revenue from the facility at the present millage rate of 7.85 to generate almost $700,000 in revenue. Currently as a raw, unimproved property, the City receives about $20,000 a year in tax revenue. For three years of the five year rebate period, the City will not receive $60,000 but by year four when the tax rebates change from 100% to 50% the City is projected to collect $263,524 in taxes which will make up for the $60,000 loss four fold. The primary fiscal benefit of Project Normandy is a substantial increase of non-residential tax base - a positive for a City dominated by residential land uses. However, a secondary component is the expansion of local job opportunity. There is anticipation by year 3 (2023) the development will generate 500 jobs. A job is considered a full time position eligible for benefits like health coverage. The incentives are partially linked to job creation numbers. Basically, if job projections do not come to fruition, the amount of incentives will be reduced through proration. Furthermore, if job creation does not achieve at least 80% of the employment targets, there will be no incentives granted. Attached to the agenda package is a table illustrating the incentive package and how the incentive rebates are spread over the five year period. The table also establishes job creation targets. The table is predicated on historical property value trends and real estate assessment standards. However, to limit City exposure, the City of Deltona Page 7 Printed on 2/23/2020 City Commission Agenda December 16, 2019 incentive package cannot exceed a total of $3,000,000 in value. Also, attached as part of the agenda package is a contract stating the parameters of the incentives and how the incentive thresholds are verified and the incentives are implemented. The City has been willing to offer incentives for worthwhile economic development activity. The goal of the proposed incentive package is to accomplish the economic benefits afforded by Project Normandy: expanded the tax base and the provision of improved employment opportunities. Therefore, the proposed incentive package essentially captures the spirit and intent of the City’s incentive policy and encourages economic development within the City. Staff recommends the City Commission approve Resolution No. 2019-68. Since Team Volusia has been the primary representative regarding the formulation of the incentive package, Team Volusia along with Mr. Jerry Mayes will be presenting the incentive package to the City Commission. Approval authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign or execute any documents necessary to implement Commission approval of this item. Attachments: RESOLUTION 2019-68_a 8. NEW BUSINESS: 9. 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. 10. CONSENT AGENDA: A. Request for approval of the 2020 holiday meeting schedule - Joyce Raftery, City Clerk’s Department (386) 878-8502. City of Deltona Page 8 Printed on 2/23/2020 City Commission Agenda December 16, 2019 Strategic Goal: External and Internal Communication Background: In the past, the Commission has chosen to change the Commission meeting schedule in December due to the holiday season, i.e. combining the two (2) regular meetings in December to one (1) meeting in the middle of the month of December and to have no workshops during the month of December. Attached for the Commission's approval is the proposed schedule for the calendar year 2020 City Commission meetings which includes one (1) regular City Commission meeting and no workshops for the month of December, 2020. Also, please note that in the month of October the Regular Commission Meetings will be held on consecutive Monday’s due to early voting taking place in the City’s Commission Chambers the last two weeks of October. The invocation schedule for 2020 is also included for the Commission's information. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents necessary to implement Commission approval of this item. Attachments: 2019 Invocation Meeting Schedule.pdf 2020 Holiday Meeting Schedule 11-07-2019.pdf B. Request for approval of the program year 2018-2019 CDBG Consolidated Annual Action Performance and Evaluation Report (CAPER) - Ron A. Paradise, Director, Planning and Development Services, (386) 878-8610 Strategic Goal: Internal and External Communication - Conduct a needs assessment for social services and communicate resources for public benefit. Background: The U.S. Department of Housing and Urban Development (HUD) requires the CAPER be submitted annually to remain federally grant complaint. The CAPER is a summary of City activities accomplished under Title 24 of the HUD funded Community Development Block Grant (CDBG) program. The CAPER is formulated in accordance with HUD regulations governing consolidated submissions (24 CFR 91.520) and a purpose of the report is to document the proper use of HUD funds by the City for activities and projects accomplished within a HUD program year (PY). For this PY, activities include park upgrades, housing assistance, and public works drainage projects. Funding for public service entities is also noted within the CAPER. The CAPER is associated with the Five-Year Consolidated Plan (CP), City of Deltona Page 9 Printed on 2/23/2020 City Commission Agenda December 16, 2019 which establishes strategic goals for City CDBG activities listed in the Annual Action Plan (AAP). The current CP for 2018-2022 is updated annually by the AAP to report the implementation of the CP for grant compliance. The CAPER consists of narratives, tables, and charts documenting the appropriate spending of grant funds and highlighting efforts made by the City to improve citizen quality of life. Finally, in accordance with the required citizen participation plan, the City has observed a 15-day public comment period and no comments were received verbally or in writing during the comment period. For more information see the attached PY 2018-2019 CAPER. Approval of this item 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: PY 2018-2019 CAPER C. Request for approval of Resolution No. 2019-65, ECHO program grant application for Deltona’s Rookery Nature Park. - Jerry Mayes, Economic Development Manager, (386) 878-8619. Strategic Goal: Fiscal Issues - Look for outside funding sources such as grants. Background: At the June 17, 2019 Commission meeting the City Commission authorized staff to withdraw its ECHO grant application due to increases in the project cost and to re-apply in the following year for Deltona’s Rookery Nature Park. The project has already been authorized by the City Commission and is recorded in the 2019-2020 budget. Given escalating materials costs, the budget is revised again to $350,000. To complete the application process, passage of Resolution No. 2019-65 is required. This project is a nature themed park which consists of parking, nature trails and an observation platform overlooking Big Lake. A conceptual site plan is attached. The City is asking for ECHO funds to pay for fifty percent of the project cost. The remaining fifty percent will come from the City’s Grant Match Fund and the Parks Impact Fee fund. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents to further Commission approval of this item. City of Deltona Page 10 Printed on 2/23/2020 City Commission Agenda December 16, 2019 Attachments: Resolution No. 2019-65 Rookery snook rookery concept v2 D. Request for approval of Resolution No. 2019-64, ECHO program grant application for Deltona’s Fort Smith/Beechdale Park (Blue Heron) Nature Park Phase 2. - Jerry Mayes, Economic Development Manager, (386) 878-8619. Strategic Goal: Fiscal Issues - Look for alternative funding sources such as grants. Background: The City has completed an ECHO grant application for phase II of the Fort Smith/Beechdale (Blue Heron) Nature Park. This project has already been authorized by the City Commission and recorded in the City 2019/2020 budget. Passage of Resolution No. 2019-64 is required for the City to submit the ECHO grant application. The improvements of the Blue Heron Nature Park phase 2 include additional parking, several boardwalk areas, a network of walking trails and butterfly gardens. A conceptual plan is attached as part of this agenda package. The project is expected to cost $440,000; the City is seeking ECHO funds to pay for half of the project. The remaining fifty percent will come from the City’s Grants Match fund. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents to further Commission approval of this item. Attachments: 2019-64 Resolution ECHO Grant Fund for Blue Heron Phase II_20191216 Ft smith_photo 2018 phase 2 E. Request for approval of Resolution No. 2019-66, support for ECHO program grant application for the Wes Crile Park Outdoor Fitness Center. - Ryan Reckley, Director, Parks and Recreation (386) 878-8902. Strategic Goal: Fiscal Issues - Look for alternative funding sources such as grants. Background: The City has prepared an ECHO grant application for the 2019/2020 grant cycle to improve Wes Crile Park with an outdoor fitness center. This project has already been authorized by the City Commission and recorded in the City 2019/2020 budget. Passage of Resolution No. 2019-66 is an administrative requirement for the City to submit the ECHO grant application. City of Deltona Page 11 Printed on 2/23/2020 City Commission Agenda December 16, 2019 The fitness center at Wes Crile Park will be located adjacent to an existing trail thus allowing for convenient use. Most of the fitness center equipment will be accessible to people of all abilities. The project is expected to cost $300,000; the City is seeking ECHO funds to pay for fifty percent of the project. Matching funds will come from the City’s Parks Impact Fees Fund. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents to further Commission approval of this item. Attachments: 2019-66 Resolution ECHO Grant Fund for Wes Crile Fitness Center_20191216 wes crile park concept plan F. Request for approval of Resolution No. 2019-67, ECHO grant application for Deltona’s Festival Park Hoop Dreams Court at Festival Park. - Ryan Reckley, Director, Parks and Recreation, (386) 878-8902. Strategic Goal: Fiscal Issues - Look for alternative funding sources such as grants. Background: Local volunteer Viktoryia McGrath working with the Parks and Recreation Department has prepared an ECHO grant application for grant cycle 2019/2020 for Deltona’s Festival Park Hoop Dreams Court project. The courts will be built at the existing festival park, located at 191 Howland Boulevard. A conceptual site plan is attached as part of this agenda item. The project will consist of 1 regulation court and one ADA accessible half court. It is important to note and these courts are proposed to be constructed with significantly different playing surfaces . The handicap accessible half court has a rubberized surface that provides grip and traction for wheelchairs that one does not find on regular courts. If the rubberized surface would be utilized on the full court, the players would face enhanced risk of knee or ankle injuries as their shoes would grip the surface and they would not have the ability or flexibility to slide as they would on a regular court. The regulation sized court will be surfaced traditionally with a hard surface. The project has been authorized by the Commission and recorded in the FY 2019/20 budget. Passage of Resolution No. 2019-67 is an administrative requirement for the City to submit the ECHO grant application. City of Deltona Page 12 Printed on 2/23/2020 City Commission Agenda December 16, 2019 The project’s estimated cost $200,000.00. The City is requesting ECHO funds to pay for fifty percent of the project. The remaining fifty percent will come from the City’s Parks Impact Fees fund. Approval of this item authorizes the necessary budget transfers to facilitate Commission approval and further authorizes the City Manager to sign any documents to further Commission approval of this item. Attachments: 2019-67 Resolution ECHO Grant Fund for Hoop Dreams at Festival Park_20191 festival park BB ct G 11. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 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 13 Printed on 2/23/2020