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City Commission

Regular Meeting

Deltona, FL · January 18, 2022

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Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes City Commission Tuesday, January 18, 2022 6:30 PM Deltona Commission Chambers Revised 01/13/2022 1. CALL TO ORDER: The meeting was called to order at 6:30 p.m. by Mayor Herzberg. 2. ROLL CALL – CITY CLERK: Present: 6 - Mayor Herzberg Vice Mayor Avila-Vazquez Commissioner McCool Commissioner Ramos Commissioner Sosa Commissioner King Absent: 1 - Commissioner Bradford 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Bradford. 4. APPROVAL OF MINUTES & AGENDA: A. Approval of minutes of the Regular Commission Meeting of January 3, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Motion by Commissioner Ramos, seconded by Commissioner King, to approve the minutes of the Regular Commission Meeting of January 3, 2022, as presented. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, and Commissioner King 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Halifax Health//UF Health Medical Center of Deltona - What’s New for 2022 and update on COVID experiences during 2021 - Mr. Rafael City of Deltona Page 1 Printed on 1/20/2022 City Commission Minutes January 18, 2022 Ramirez, Marketing Development Specialist-Physician & Corporate Relations. Strategic Goal: Internal and External Communications B. Presentation - The Central Florida Pregnancy Center: services offered at the center and thrift store located at 3151 Howland Blvd. Presented by Cherly Phenicie - Executive Director & Lisa Burke- Director of Development. C. Discussion of League of Cities award. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2022-01 Acceptance of Final Plat SD21-0010, Courtland Park Phase 2 - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Provide a diversity of housing choices in the City. Motion by Vice Mayor Avila-Vazquez, seconded by Commissioner Ramos, to adopt Resolution No. 2022-01, accepting the Final Plat SD21-0010, Courtland Park Phase 2 and approve the Mayor to sign the Plat. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 5 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner McCool, Commissioner Ramos, and Commissioner Sosa Against: 1 - Commissioner King B. The following item is being pulled at the request of the applicant and moved to the Regular Commission Meeting to be held on February 21, 2022: Public Hearing - Ordinance No. 01-2022, rezoning request (RZ21-0006) for a ±19.84 acre tract from Single Family Classification (R-1) to Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Community Development Director, (386) 878-8610. Motion by Commissioner King, seconded by Commissioner Ramos, to table Ordinance No. 01-2022 to time certain to the Regular Commission Meeting on February 21, 2022. The motion carried by the following vote: City of Deltona Page 2 Printed on 1/20/2022 City Commission Minutes January 18, 2022 For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, and Commissioner King C. Public Hearing - Ordinance No. 02-2022, Redistricting and otherwise revising City Commission districts based on the 2020 U.S. Census at second and final reading - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Organizational Stability, Consistency and Security Motion by Commissioner Ramos, seconded by Commissioner King, to adopt Ordinance No. 02-2022 revising the six City districts as per the 2020 U.S. Census and direct the Acting City Manager transmit Ordinance No. 02-2022 and supporting documentation to the Volusia County Supervisor of Elections. The Acting City Manager has the authority of make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, and Commissioner King D. Public Hearing - Ordinance No. 03-2022, Amending Chapter 22, Businesses regulating the location, placement and use of mobile food dispensing vehicles (MFDV) (food trucks) within the City, at first reading - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Enhance the attractiveness of the City Motion by Vice Mayor Avila-Vazquez, seconded by Commissioner Sosa, to send the ordinance back to the P&Z (Planning & Zoning) Board to relook at it. The motion failed by the following vote: For: 3 - Vice Mayor Avila-Vazquez, Commissioner Ramos, and Commissioner Sosa Against: 3 - Mayor Herzberg, Commissioner McCool, and Commissioner King Motion by Commissioner Ramos, seconded by Vice Mayor Avila-Vazquez, to table Ordinance No. 03-2022 to time certain March 21, 2022. The motion carried by the following vote: City of Deltona Page 3 Printed on 1/20/2022 City Commission Minutes January 18, 2022 For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, and Commissioner King 7. OLD BUSINESS: 8. NEW BUSINESS: A. Contract - Authorizing the Acting City Manager to enter into negotiations with an adjacent landowner to sell an approximately 4,000 square foot parcel located off of Howland Blvd./SR 472 near the intersection of Howland Blvd./SR 472 and Halifax Crossings Blvd. - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Economic Development - Focus on Howland Blvd. as a gateway for commercial growth. Motion by Vice Mayor Avila-Vazquez, to direct the Acting City Manager to enter into negotiations to sell the approximately 4,000 square foot property described as follows: That portion of Lots 1 through 4 inclusive, Block 6, Davis Park, 3rd Addition, as recorded in Map Book 6, Page 205 of the Public Records of Volusia County Florida, lying northeasterly of a line that is 100.00 feet northeasterly of and parallel with the Centerline of Construction as shown on the map of State Road 472 Extension, as recorded in Right of Way Map Book 2, Page 8 of said Public Records for the amount of no less than $3,475 to the abutting landowner with the stipulation the property would become part of the Halifax Crossings Business Planned Unit Development. Inclusion of the property into the Halifax Crossings project would be consistent with City Code and would be the responsibility of the landowner. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. Amended motion by Vice Mayor Avila-Vazquez, seconded by Commissioner Ramos, to direct the Acting City Manager to enter into negotiations to sell the approximately 4,000 square foot property described as follows: That portion of Lots 1 through 4 inclusive, Block 6, Davis Park, 3rd Addition, as recorded in Map Book 6, Page 205 of the Public Records of Volusia County Florida, lying northeasterly of a line that is 100.00 feet northeasterly of and parallel with the Centerline of Construction as shown on the map of State Road 472 Extension, as City of Deltona Page 4 Printed on 1/20/2022 City Commission Minutes January 18, 2022 recorded in Right of Way Map Book 2, Page 8 of said Public Records for the amount of $3,475 to the abutting landowner with the stipulation the property would become part of the Halifax Crossings Business Planned Unit Development. Inclusion of the property into the Halifax Crossings project would be consistent with City Code and would be the responsibility of the landowner. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, and Commissioner King B. Contract - Authorizing the Acting City Manager, consistent with the City land acquisition policy, to secure two independent appraisals for the purpose of purchasing an 80’ x an approximately 1,700’ strip of land to accommodate a segment of the future Rhode Island Ave. extension and a 60’ x an approximately 2550’ strip of land for a future road known as Energy Ave. The authorization would include the Acting City Manager negotiating a fee simple purchase of the Rhode Island land and the acquisition of Energy Ave. land via fee simple acquisition funded through a proportionate fair share arrangement - Ron A. Paradise, Community Development Director (386) 878-8610. Strategic Goal: Develop the infrastructure and land needed for business development. Motion by Commissioner Ramos, seconded by Commissioner McCool, to approve the request to contract with two independent land appraisal firms to conduct appraisals for a segment of the proposed Rhode Island Ave and Energy Ave. extensions on the Deltona Village property and furthermore direct the Acting City Manager to negotiate and finalize a purchase with the property owner in conformance with the City Land Acquisition Policy. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, and Commissioner King C. Request final approval to award the bid to Fitch and Associates to develop City of Deltona Page 5 Printed on 1/20/2022 City Commission Minutes January 18, 2022 a Standards of Cover and a Strategic Plan for the Fire Department with funds approved in this year’s budget. - Fire Chief Bill Snyder, Fire Department (386) 575-6902. Strategic Goal: Public Safety Motion by Commissioner McCool, seconded by Commissioner Ramos, to approve the bid to Fitch and Associates to develop a Standards of Cover and a Strategic Plan for the Fire Department. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, and Commissioner King D. Request approval for sub-rental agreement with Turf Tank for a 6-year subscription for an autonomous robot field painter for Parks & Recreation. The total cost for this purchase shall not exceed $61,500. The first annual subscription cost will total $11,500.00 and the next subsequent 5 years will cost $10,000/year - Ryan Reckley, Parks & Recreation (386) 878-8902. Strategic Goal: Infrastructure Motion by Commissioner McCool, seconded by Commissioner Ramos, to approve the sub-rental agreement from Turf Tank for a 6-year subscription for an autonomous robot field painter in the amount of $61,500.00. This approval authorizes the necessary budget transfers to facilitate procurement and further authorizes the Acting City Manager to sign any documents necessary to further the completion of this matter. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, and Commissioner King E. Request for waiver of fees on behalf of Our Two Stories Inc., DBA Backpack Buddies, for the Bacon & Brew Fest Event and approval of the sale/consumption of alcoholic beverages on City property. - Ryan Reckley, Parks & Recreation Department (386) 878-8902. City of Deltona Page 6 Printed on 1/20/2022 City Commission Minutes January 18, 2022 Strategic Goal: Internal/External Communications and Economic Development Motion by Vice Mayor Avila-Vazquez, seconded by Commissioner Ramos, to waive all City fees (approximately $6,000.00) as requested by the Our Two Stories Inc., DBA Backpack Buddies for the Bacon & Brew Fest and grant permission for sale/consumption of alcoholic beverages on City property. Approval of this motion authorizes the necessary budget transfers to facilitate Commission's approval on this matter and further authorizes the Acting City Manager to sign any documents necessary to further Commission's approval of this item. The Acting City Manager has the authority to make corrections of scrivener's errors and the like. The motion carried by the following vote: For: 6 - Mayor Herzberg, Vice Mayor Avila-Vazquez, Commissioner McCool, Commissioner Ramos, Commissioner Sosa, and Commissioner King 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. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. However, individual Commissioners may wish to respond under their "City Commission Comments". 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. Adam Vazquez, spoke about Rhode Island Crossing, the bridge, roads, land and growth. Brandy White, Deltona, spoke about a comparable deal. 10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and concerns on the Consent Agenda item(s). Please complete a public participation slip and indicate in the subject line the issue you wish to address. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. 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 of Deltona Page 7 Printed on 1/20/2022 City Commission Minutes January 18, 2022 11. CONSENT AGENDA: The Consent Agenda contains items that have been determined to be routine and non-controversial. If discussion is desired by any member of the City Commission, that item must be removed from the Consent Agenda and considered separately. All other matters included under the Consent Agenda will be approved by one motion. Citizens with concerns should address those concerns by filling out a public participation slip and giving it to the Deputy City Clerk prior to Consent Agenda items being pulled. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: The Acting City Manager talked about special events, rental rates, interference, accountability, violations, addressing concerns, point of contact and penalties. 15. CITY COMMISSION COMMENTS: Commissioner McCool talked about directions, feedback, instructions, grievances, staff, opportunities, Martin Luther King (MLK) Breakfast, healing, the past, disappointment, divisiveness, bullying, accountability, residents, and participation. Commissioner Ramos talked about CRC, accountability, and Family Health Source. Vice Mayor Avila-Vazquez talked about test kits, Family Health Source, and the MLK Breakfast. Mayor Herzberg talked about interference, Charter Officers, chain of command, and follow-up. 16. ADJOURNMENT: There being no further business, the meeting adjourned at 9:53 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 8 Printed on 1/20/2022

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Regular Commission Meeting City Commission Mayor Herzberg Vice Mayor Avila-Vazquez Commissioner Bradford Commissioner King Commissioner McCool Commissioner Ramos Commissioner Sosa Tuesday, January 18, 2022 6:30 PM Deltona Commission Chambers Revised 01/13/2022 1. CALL TO ORDER: 2. ROLL CALL – CITY CLERK: 3. INVOCATION AND PLEDGE TO THE FLAG: A. Invocation Presented by Commissioner Bradford. 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 January 3, 2022 as presented. - Joyce Raftery, City Clerk (386) 878-8502. Background: N/A Attachments: January 3, 2022 RCM Minutes 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentation - Halifax Health//UF Health Medical Center of Deltona - What’s New for 2022 and update on COVID experiences during 2021 - Mr. Rafael Ramirez, Marketing Development Specialist-Physician & Corporate Relations. Strategic Goal: Internal and External Communications City of Deltona Page 1 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 Background: Mr. Rafael Ramirez, Marketing Development Specialist-Physician & Corporate Relations, will address the Commission on what’s new for 2022 at Halifax Health/UF. And give an update on Halifax Health/UF COVID experiences during 2021. B. Presentation - The Central Florida Pregnancy Center: services offered at the center and thrift store located at 3151 Howland Blvd. Presented by Cherly Phenicie - Executive Director & Lisa Burke- Director of Development. Background: The Central Florida Pregnancy Center has been in existence since 1992 and is a non-profit 501(C)3 organization that is operated solely through donations from generous donors. Our mission is to help women make healthy choices for their planned and unplanned pregnancies and educate them on all the options available to them. The Central Florida Pregnancy Center offers pregnancy testing, STI testing, Ultrasounds all at no cost, parenting classes and a new Fatherhood program. C. Discussion of League of Cities award. 6. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Resolution No. 2022-01 Acceptance of Final Plat SD21-0010, Courtland Park Phase 2 - Ron A. Paradise, Community Development Director, (386) 878-8610. Strategic Goal: Provide a diversity of housing choices in the City. Background: The Courtland Park Phase 2 Final Plat Application (SD21-0010) is a proposal to subdivide approximately 24.09-acres of the Courtland Park Residential Planned Unit Development (RPUD). The Courtland Park Planned Unit Development, including lot sizes, density, access, etc. represents already determined City policy approved in 2019. The proposed subdivision provides for 79 single-family lots (typical 40’x120), landscape buffers and drainage tracts, open space tracts, and a continuation of the Courtland Park street network to be dedicated to the City as Public Rights-of-Way (ROW). The subdivision will provide a direct connection to an existing residential neighborhood via an extension of Staten Drive. The Staten Drive connection will also include the creation of a complete sidewalk network. Consistent with Land Development Code Section 96-76, staff has received a Letter of Credit and Agreement (bond) in the amount of $577,815.50. Review of plats are technical in nature. These reviews involve a range of engineering oriented matters and the implementation of already City of Deltona Page 2 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 decided policy - i.e. terms of the Courtland Park RPUD Development Agreement. Therefore, based on the technical review of staff, the final plat complies with all standards established in the Courtland Park RPUD Development Agreement, Chapter 106 of the City Land Development Code, and Chapter 177, Florida Statutes. Plat details including a location map are part of Exhibit “B” of attached Resolution No. 2022-01. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve Resolution No. 2022-01 and accept the plat. Advantages: a. The project will be developed in accordance with all City and State technical requirements. b. The plat is consistent with already determined City policy regarding an approved RPUD zoning. c. A bond will be afforded to ensure infrastructure is constructed to appropriate specifications Disadvantages: a. None. 2. Do not approve Resolution No. 2022-01 and do not accept the plat. Advantages: a. None Disadvantages: a. Since the plat comports with all technical and policy, not approving/accepting the plat would be difficult for the City to defend. Attachments: Resolution No 2022-01 Courtland Park Phase II_12.30.21 B. The following item is being pulled at the request of the applicant and moved to the Regular Commission Meeting to be held on February 21, 2022: Public Hearing - Ordinance No. 01-2022, rezoning request (RZ21-0006) for a ±19.84 acre tract from Single Family Classification (R-1) to Residential Planned Unit Development (RPUD), at first reading - Ron A. Paradise, Community Development Director, (386) 878-8610. Background: The following item is being pulled at the request of the applicant and moved to the Regular Commission Meeting to be held on February 21, 2022. City of Deltona Page 3 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 OPTIONS: 1. N/A 2. N/A C. Public Hearing - Ordinance No. 02-2022, Redistricting and otherwise revising City Commission districts based on the 2020 U.S. Census at second and final reading - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Organizational Stability, Consistency and Security Background: The City of Deltona Charter establishes a representative form of government predicated on the creation of six individual districts. The seven member City Commission is comprised of six district commissioners elected from each district and a mayor elected at large. Each of the six districts are associated with a specific geography. The present districts were determined as part of Ordinance No. 17-2011. Ordinance No. 17-2011 represented the second redistricting effort and was a result of the decennial 2010 update to the U.S. Census. The Census has been updated again as part of the 2020 U.S. Census and the City, according to the City Charter, has engaged in another redistricting cycle. Section 9(1)(b) of the City Charter provides the following requirement with regard to redistricting: “The District boundaries shall be revised every 10 years based on population figures following the release of census tract data.” Census tract data associated with the 2020 Census was finalized in September of 2020. The population of the City was revealed to be 93,701. Since the 2010 Census, the City has grown over 8,500 persons which represents a 9% increase of population. The goal of a local government is to ensure a certain degree of population parity between districts. However, there can be overriding interest and related factors regarding the establishment or recognition of political boundaries besides population uniformity. Examples of overriding interest and related factors include the affording of appropriate representation, avoiding/minimizing voter confusion, accounting for future growth trends and in some cases maximizing the representation of certain communities. On October 25, 2021 at a Workshop, the City Commission directed staff to keep the districts as close as possible to the existing boundaries. The attached legal descriptions and map do keep the boundaries consistent with the existing boundaries. However, the district boundaries have been revised and otherwise updated to take City of Deltona Page 4 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 into account changes in Census mapping from the 2010 to the 2020 Census, and annexation. The only district expanded in size is District 6. The intent is to recognize a 10 acre annexation which occurred in 2018. The rationale for the districts as proposed, as a result of the 2020 Census, are as follows: 1) The proposed districts will not create any voter confusion; 2) Deltona is a diverse community. No minority concentrations are noted, and districts as proposed do facilitate equal representation; 3) District population differences at no more than 6.2% are well under the 10% threshold; and 4) Future growth starting in the next five years has the potential to balance out some of the present district population differences. This is especially evident regarding District 6 where as many as eight new developments with potentially 1642 units are entitled. For more information on redistricting including the census data legal descriptions see the attached staff report. In addition, attached is a map of the districts as per the City redistricting effort. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve Ordinance 02-2022 redistricting the City districts as per the 2020 Census Advantages: a. The proposed districts will not create voter confusion. b. No minority concentrations will be disenfranchised. c. The district population differences are minor, 6.2% at the greatest, and are within defensible legal tolerances. d. Future growth has the potential to balance out some of the present district population differences. Disadvantages: a. The expected growth may not occur thus perpetuating a population imbalance. 2. Do not approve Ordinance 02-2022 redistricting the City districts as per the 2020 Census Advantages: a. The City could have the opportunity to achieve greater population parity between districts. Disadvantages: a. Protracted redistricting could lead to the perception that boundaries are being proposed to create political City of Deltona Page 5 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 advantage. b. Voter confusion could be the result. c. The City could miss or come close to missing the deadline for redistricting (March of 2022). Attachments: Redistricting Report 2022 Redistricting Map Ordinnce 02-2022 with exhibit D. Public Hearing - Ordinance No. 03-2022, Amending Chapter 22, Businesses regulating the location, placement and use of mobile food dispensing vehicles (MFDV) (food trucks) within the City, at first reading - Ron A. Paradise, Community Services Director (386) 878-8610. Strategic Goal: Enhance the attractiveness of the City Background: The proposed City mobile food dispensing vehicle (MFDV) (AKA food trucks) regulations are predicated on restricting food truck operations to certain developed and actively used areas within certain City zoning classifications. In addition, some land development elements such as parking and access can impact the availability of certain sites to be used for food trucks. The proposed regulations are consistent with a 2020 State law that limits local government regulation of MFDV. Basically, a local government cannot prohibit MFDV within a jurisdiction but can regulate the location and density of the vehicles. Attached is Ordinance No. 03-2022 which includes changes to Chapter 22 regarding food trucks. Please be aware, this Ordinance only addresses mobile food dispensing vehicles and does not affect other itinerate merchant activity, special event permitting, or solicitation requirements. Highlights Ordinance No. 03-2022 are as follows: 1) Mobile Food Dispensing Vehicles (MFDV) are defined. 2) Requirement for a MFDV operation to submit a Department of Business and Professional Regulation license and a fire safety inspection report. 3) Permission from the underlying landowner required. 4) A site plan of the location of the MFDV is required. 1”=100’ scale and base map can be an aerial photograph downloaded from the internet. 5) Limited to C-1, C-2, C-3 zoning classifications if associated with active commercial uses. Planned Unit Development (non-residential) may allow food trucks if facilitated as part of the Development Agreement. 6) Active house of worship properties may be used for MFDV consistent with other provisions of Ordinance No. 03-2022. City of Deltona Page 6 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 7) MFDV cannot be located within any right of way, must be located on a paved surface and cannot create parking, access, or internal circulation problems. 8) Limited outdoor seating is allowed. 9) Fire safety parameters required. 10) Hours of operation limited to 8:00 am to 10:00 pm. 11) No more than one (1) MFDV can be located on a property under five developed acres. No more than two (2) MFDVs can be located on an eligible site consisting of 5 or more developed acres. 12) Businesses with more than 100 full time equivalent employees per 8 hour shift may have multiple MFDVs notwithstanding certain provisions. 13) Advertising and signage is limited. 14) MFDV activity associated with City approved/permitted special events are exempt. 15) Enforcement will be addressed by Code Compliance and compliance will be the responsibility of the landowner. On September 27, 2021, the City Commission conducted a workshop on mobile food dispensing vehicles to review an early draft of the regulations. This workshop was attended by several food truck venders/stakeholders. At the workshop comments were accepted and staff did revise the document. On November 10, 2021 City staff scheduled a stakeholder meeting to discuss the revised MFDV regulations. After notifying numerous food truck interests, the stakeholder meeting was attended by one individual. There were no revisions made to the regulations as a result of the November 10, 2021 stakeholder meeting. The Planning and Zoning Board heard this ordinance on December 15, 2021. Normally the Planning and Zoning Board does not hear Chapter 22, Businesses related ordinances. However, since the locational criteria of Ordinance No. 03-2022 was based heavily on zoning and involves land development type of criteria (parking, etc.), Staff advanced the MFDV ordinance to the Planning and Zoning for review. Five members of the Planning and Zoning Board voted in favor to recommend the City Commission adopt Ordinance No. 03-2022. The remaining two members abstained from the vote claiming personal conflicts. These members have been provided with forms for a conflict declaration. The City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Approve Ordinance No. 03-2022. Advantages: City of Deltona Page 7 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 a. Mobile Food Dispensing Activities will be located in established commercial areas minimizing conflicts with residential neighborhoods. b. The City will be able to manage the location of MFDVs to ensure the sites used will remain functional, will not create safety challenges, and will not conflict with the operation of the developments in which they are located. c. MFDV operations will be made more aesthetic. d. MFDV will adhere to appropriate fire safety protocol. e. Public right of ways will not be used for food truck (MFDV) operation or related marketing. Disadvantages: a. Sites available for MFDV activity will be limited. Therefore, some neighborhoods maybe underserved with dining choices. b. MFDVs will be required to adhere to certain parameters to meet fire safety and site plan matters thus making the spontaneity of the business model difficult to realize. 2. Do not approve Ordinance No. 03-2022. Advantages: a. MFDV operations will have more choices and opportunities to set up within the City. b. MFDV activity will not be as greatly burdened by fire safety regulations. Disadvantages: a. MFDVs could site in areas where they are incompatible with residential areas. b. MFDV operations could create safety problems. c. MFDVs within establishments featuring limited parking can inadvertently cause parking problems. d. Fire safety requirements will be more difficult to implement. e. The aesthetic of City thoroughfares could be negatively impacted. Attachments: food trucks underline-strike 7. OLD BUSINESS: 8. NEW BUSINESS: A. Contract - Authorizing the Acting City Manager to enter into negotiations with an City of Deltona Page 8 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 adjacent landowner to sell an approximately 4,000 square foot parcel located off of Howland Blvd./SR 472 near the intersection of Howland Blvd./SR 472 and Halifax Crossings Blvd. - Ron A. Paradise, Director, Planning and Development Services (386) 878-8610. Strategic Goal: Economic Development - Focus on Howland Blvd. as a gateway for commercial growth. Background: The real property proposed to be sold can be described as a small, approximately 4,000 square foot triangular shaped parcel situated along the Howland Blvd. Right of way and surrounded on two sides by private land. The property legal description is as follows: That portion of Lots 1 through 4 inclusive, Block 6, Davis Park, 3rd Addition, as recorded in Map Book 6, Page 205 of the Public Records of Volusia County Florida, lying northeasterly of a line that is 100.00 feet northeasterly of and parallel with the Centerline of Construction as shown on the map of State Road 472 Extension, as recorded in Right of Way Map Book 2, Page 8 of said Public Records. This property was obtained for the extension of SR 472 eastward of Interstate 4 by the County of Volusia in the 1990’s. Eventually, in 2015 the property was transferred to the City by Volusia County. In 2019, private, abutting landowners represented by Attorney William Barfield expressed an interest in obtaining the 4,000 square foot triangular shaped property from the City. The private landowners own or control the surrounding land known as Halifax Crossings. The goal of the private landowner in obtaining the property was to facilitate a more continuous and unified management of the Halifax Crossing property. For example any fencing, landscaping or land development activity would be more linear without having to jog around what amounts to a triangular notch within an otherwise unified land holding. Consistent with City policy, the City on October 4, 2021 declared the property as surplus. However, staff was also authorized to share with the abutting landowner 50% of the cost to engage in a review of appraisal process to help reconcile three appraisals prepared for the 4,000 square foot property. The abutting and interested landowners did pay a 50% share of the review of appraisal and City staff hired an appraisal firm Cooksey and Associates to review appraisals prepared by Doyle Appraisal Services LLC., DeRango, Best and Associates and Heffington and Associates. City property sales (and purchases), in light of the City land acquisition policy, are required to supported by independent appraisals to determine the value of real estate. As City of Deltona Page 9 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 discussed at the October 4, 2021 meeting, the Doyle appraisal valued the property at $3,475; the DeRango firm established a value at $29,400; and finally Heffington had a value of $2,500. The three appraisals are attached. The latest appraisal work prepared by Cooksey and Associates reconciled the three appraisals and determined the 4,000 square foot property was worth $3,475. A copy of the Cooksey report is attached. Staff has determined the site has limited utility based on the small size and shape of the property. Expressed in more pragmatic terms, the property would not be useful for the accommodation of future highway expansion including stormwater management. In addition, this area is difficult to mow and otherwise maintain. Therefore, sale of the property to the abutting landowner would not deprive the City of any foreseeable use of the parcel in the future. Sale of this property should only be to the abutting landowner with the intent the 4,000 square foot area would be eventually included into the Halifax Crossings project. Sale of a standalone parcel of such a small size and limited utility to another private entity would create a condition for future conflicts with numerous City Land Development Code requirements including setbacks, landscaping, stormwater, parking, access management, etc. Therefore, staff suggests this parcel be sold to the abutting landowner to be eventually included within Halifax Crossings development. The sale amount would be no less than $3,475. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. OPTIONS: 1. Do not sell and retain the land. Advantages: a. The City will retain ownership and maybe one day in the future the land could be used in some manner to accommodate a public works project. b. The property may appreciate providing an opportunity for a higher selling price in the future. Disadvantages: a. The City will be confronted with the possibility of having to maintain the area. 2. Enter into negotiations with the abutting landowner for sale of the property with the understanding the property will eventually be City of Deltona Page 10 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 included within the Halifax Crossings project. Advantages: a. The property will help unify a significant City development project - Halifax Crossings. b. The property would be placed back on the tax roles. c. Stipulating the property will eventually become part of the Halifax Crossings project will ensure the property will not become a standalone parcel which will not comply with City land development regulations. d. The City will not be confronted with having to mow or otherwise manage the property. Disadvantages: a. The ability to maybe one day in the future to use the parcel in some manner to accommodate a public works project would be lost. b. The City may not reap any future appreciation. Attachments: Doyle Apprasial DeRangio Appraisal Heffington Appraisal review of appraisal Cooksey and Assoc. B. Contract - Authorizing the Acting City Manager, consistent with the City land acquisition policy, to secure two independent appraisals for the purpose of purchasing an 80’ x an approximately 1,700’ strip of land to accommodate a segment of the future Rhode Island Ave. extension and a 60’ x an approximately 2550’ strip of land for a future road known as Energy Ave. The authorization would include the Acting City Manager negotiating a fee simple purchase of the Rhode Island land and the acquisition of Energy Ave. land via fee simple acquisition funded through a proportionate fair share arrangement - Ron A. Paradise, Community Development Director (386) 878-8610. Strategic Goal: Develop the infrastructure and land needed for business development. Background: As part of the year 2021-2022 budget, the City allocated $10,000,000 for the construction of a road known locally as the Rhode Island Ave. extension. The subject Rhode Island Ave. extension refers to a conceptual roadway running from N. Normandy Blvd. to Howland Blvd. More specifically, the new road segment would extend east from N. Normandy Blvd., curve to the north, and then trend north grading into the MSgt Tara Jacobs Brown Ave. corridor eventually intersecting with City of Deltona Page 11 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 Howland Blvd. The Rhode Island Ave. extension would serve to relieve traffic congestion on parallel facilities such as Graves Ave., Howland Blvd. and Saxon Blvd. The road would also create economic opportunity by providing access to undeveloped land earmarked for industrial land uses as part of the City Activity Center. The City has been presented with an opportunity to obtain approximately 1,700 linear feet of future right of way at an 80 foot width from an established landowner. The 80 foot wide envelope is sufficient room to accommodate drainage, utilities, pedestrian facilities and four travel lanes constructed at an urban cross section. Note: There is anticipation as land around this segment of roadway develops, there will be a 20 foot easement for pedestrian facilities and other urban amenities flanking the western margin of the future right of way. The creation of a walkable area with urban amenities such as benches and appropriately scaled landscaping is consistent with the ‘Gallery of Villages’ concept for the Activity Center development district. The right of way acquisition activity also includes an east/west corridor representing a prolongation of the Energy Ave. roadway at the intersection with Normandy Blvd. to the aforementioned Rhode Island Ave. corridor. The corridor will be 60 feet in width and about 2,550 in length. This corridor will function as an east/west connector between N. Normandy Blvd. and a future Rhode Island Ave. extension and will provide an alternative to Graves Ave. The 60 foot wide right of way will be enough to accommodate utilities, travel lanes and limited pedestrian facilities. There is anticipation as land abutting the future thoroughfare develops, another 20 feet of adjacent easement (10 feet on the north and 10 feet on the south) will be reserved to accommodate street scape amenities to facilitate a more walkable, town center oriented development pattern. While the Rhode Island Ave. right of way will be a fee simple purchase, the Energy Ave. corridor will be funded through fair share payments as development occurs. The City may still have to front funding of the Energy Ave. improvement to ensure efficient completion of the project. However, any fair share agreement will be associated with an escalator clause to mitigate for upward trending development costs. These right of way acquisition activities are part of the development of an adjacent parcel for an upscale apartment project. Thus time is of the essence for that development. The City has a land acquisition policy modeled after the Florida City of Deltona Page 12 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 Department of Transportation (FDOT) land acquisition standards. The intent of the City implementing the FDOT standards is to ensure land acquisition is conducted in a transparent and equitable (to both the City and the landowner) manner. In short, where there is a case of a willing buyer and seller, to initiate land acquisition activity and justify fair share allocations, the City will need to obtain two independent appraisals of which to justify/establish value. After the appraisal process is authorized by the City Commission, appraisals will be produced by two independent firms. The appraisals will then be analyzed and the Acting City Manager will negotiate and complete necessary transactions and agreements with the landowner (anticipated value of the fee simple Rhode Island Ave. transaction is less than $1,000,000). The transaction and fair share arrangement will be based on the average of two independent appraisals by licensed appraiser in conformance with the FDOT Land Acquisition Standards. Please note: Any final land acquisition package will be reported back to the Commission for final approval. The Acting City Manager has the authority to make corrections of scrivener’s errors and the like. . OPTIONS: 1. Approve the request to contract for the independent appraisals and authorize the Acting City Manager to negotiate and finalize the purchase of the right of way. Advantages: a. The City can start to secure needed right of way for the Rhode Island and Energy Ave. extensions. b. Economic development opportunities afforded by the new roadway corridors can be realized sooner. c. The adjoining development will be able to move forward. d. The cost of land may go up so acting sooner than later may save the City money in the long run. e. Demonstrates a City commitment to the Rhode Island and Energy Ave. projects to both the County (Traffic on County roads would be relieved by the Rhode Island Ave. and Energy Ave. extensions.) and the economic investment community. Disadvantages: a. The City may be positioning to buy/obtain land at the height of the market. b. Development may not materialize with any certainty on the City of Deltona Page 13 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 Energy Ave. corridor to refund the City initial outlay of money resulting in high opportunity costs for the City. 2. Do not approve the request to contract for the independent appraisals and do not authorize the Acting City Manager to start negotiations for purchase of the right of way. Advantages: a. The City can defer an expensive project - Rhode Island Ave. extension. b. The City will not have to contemplate a fair share agreement for impact fee off-sets. c. Cost of real estate may fall based on market factors. Disadvantages: a. City may not realize economic development opportunities by not committing to major roadway projects. b. The development of the adjoining project will likely not occur. c. Traffic congestion on traditional City thoroughfares will increase without the proposed new roads. d. The price of land may increase. C. Request final approval to award the bid to Fitch and Associates to develop a Standards of Cover and a Strategic Plan for the Fire Department with funds approved in this year’s budget. - Fire Chief Bill Snyder, Fire Department (386) 575-6902. Strategic Goal: Public Safety Background: The Fire Department is working on the process of becoming an accredited agency through the Center for Public Safety Excellence (CPSE). As part of that process, the department has to develop a Standards of Cover and a Strategic Plan. The Standards of Cover will help develop appropriate responses for the types of calls we respond to, determine coverage gaps and needs throughout the city, and compare the Fire Department’s response capabilities to national and industry standards. The Strategic Plan will help develop the goals and objectives for the Fire Department for the next three to five years. The City went out for bid for consulting companies to develop and write these plans. We received five Requests for Proposal and after thorough review have selected Fitch and Associates. Fitch and Associates will help the department develop our Standards of Cover and Strategic City of Deltona Page 14 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 Plan according to the CPSE’s standards. The total for developing these plans through Fitch and Associates is $59,995. OPTIONS: 1. Approve the bid with Fitch and Associates. 2. Deny the bid with Fitch and Associates. Attachments: Memo RFP 21010 Proposal from Fitch & Associates D. Request approval for sub-rental agreement with Turf Tank for a 6-year subscription for an autonomous robot field painter for Parks & Recreation. The total cost for this purchase shall not exceed $61,500. The first annual subscription cost will total $11,500.00 and the next subsequent 5 years will cost $10,000/year - Ryan Reckley, Parks & Recreation (386) 878-8902. Strategic Goal: Infrastructure Background: The Parks and Recreation Department intends to lease the Turf Tank robot for the purpose of field paint marking. Turf Tank moves the City in a positive direction by utilizing smart technology to deliver pristine results. Incorporating this product will improve upon current man hour productivity, as the robot replaces the manpower of two, sometimes three staff members working on one general task, allowing the extra man hours to be allocated to other projects and assignments. Turf Tank can draw precise lines with an accuracy of +/- 0.3″ every time, due to its advanced GPS system. It memorizes all locations and route planes from the initial marking, making over-marking 100% accurate. Initial marking doesn’t have to be a time-consuming task. No need to waste energy on manual measurements, pulling strings and pushing the line marker. With an autonomous design, Turf Tank does everything faster and makes the job easier. It saves the setup from the initial marking and reuse it for future over-markings. The provided tablet will remember the size, layout and locations to ensure 100% accuracy. Markings can be utilized for sports field, and also outlining vendor spacing for routine special events. This is a Sole Source product, and it would provide a great benefit to the Parks and Recreation Department. Approval of this item authorizes the necessary budget transfers to facilitate procurement and further authorizes the Acting City Manager to sign any documents necessary to further the completion of this matter. OPTIONS: 1. Approve sub-rental agreement for the procurement of the equipment. 2. Deny approval of procurement of the equipment. City of Deltona Page 15 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 Attachments: no-promo-TURF-TANK-PLUS-SubRental-Agreement-USA-1-Revised-11-2021-9 2020 Sole Source Document Signed E. Request for waiver of fees on behalf of Our Two Stories Inc., DBA Backpack Buddies, for the Bacon & Brew Fest Event and approval of the sale/consumption of alcoholic beverages on City property. - Ryan Reckley, Parks & Recreation Department (386) 878-8902. Strategic Goal: Internal/External Communications and Economic Development Background: The Bacon & Brew Fest event is scheduled for Saturday, November 12, 2022 at Dewey O. Boster Sports Complex from Noon to 6:00 p.m. Our Two Stories Inc., DBA Backpack Buddies, the applicant, is requesting a waiver of all City fees for the event, but has agreed to pay for costs associated with the Sheriff’s Office. The Parks and Recreation Department is in support of partnering with the applicant, and providing in-kind services for this event. The applicant is also requesting the approval of alcohol sale for the event. Our Two Stories Inc., DBA Backpack Buddies currently serves the City of Deltona and its residents. This event will provide the community engagement that the Department is seeking to offer its residents. This event allows Deltona residents to remain inside city limits for entertainment, instead of venturing to a neighboring city for the same. The Parks and Recreation Department will also accept the opportunity to operate concessions at this event, which could offset the cost of any in-kind services. To further assist the community, the applicant will schedule a can food drive for eventual distribution to Deltona residents in need. The total in-kind services requested from the City for the use of the Dewey Boster Sports Complex for the Bacon & Brew Fest is as approximated: Parks $1,930 field, supplies, personnel, permit fee Public Works $1,525 message boards, equipment, personnel Deltona Water $282 generator, equipment, personnel Fire Dept. $1,800 two bike units/1merv unit Fire Insp. $ 400 fire inspection fees _______ Total $5,937 Generally, the maximum total in-kind donation allowed is $2,500 for an expected attendance above 901 according to Commission policy. Staff expects attendance to be around several thousand attendees and recommends that the requested value is reasonable given the significantly higher attendance. The hosting of this event in Deltona is a great opportunity for building community spirit and economic City of Deltona Page 16 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 development. 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. OPTIONS: 1. Approve waiver of all City fees (in-kind services) as requested by the Our Two Stories Inc., DBA Backpack Buddies for the Bacon & Brew Fest and grant permission for sale/consumption of alcoholic beverages on City property. 2. Approve partial waiver of some City fees (in-kind services) in the amount recommended by the Commission with the specific waivers to be determined by the acting City Manage and grant permission for sale/consumption of alcoholic beverages on City property. Attachments: Correspondence to Commission SE22-002 Special Event Application with attachments Se22-002 layout 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. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. However, individual Commissioners may wish to respond under their "City Commission Comments". 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) 10. COMMENTS ON CONSENT ITEMS: Citizen comments are limited to issues and concerns on the Consent Agenda item(s). Please complete a public participation slip and indicate in the subject line the issue you wish to address. Members of the City Commission shall not enter into discussion or respond to individuals' comments during the public forum other than to give directions or to ask for clarification. 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 of Deltona Page 17 Printed on 1/13/2022 City Commission Regular Commission Meeting January 18, 2022 11. CONSENT AGENDA: The Consent Agenda contains items that have been determined to be routine and non-controversial. If discussion is desired by any member of the City Commission, that item must be removed from the Consent Agenda and considered separately. All other matters included under the Consent Agenda will be approved by one motion. Citizens with concerns should address those concerns by filling out a public participation slip and giving it to the Deputy City Clerk prior to Consent Agenda items being pulled. 12. CITY COMMISSION SPECIAL REPORTS AND REQUESTS: 13. CITY ATTORNEY COMMENTS: 14. CITY MANAGER COMMENTS: 15. CITY COMMISSION COMMENTS: 16. 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 3 business days in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 18 Printed on 1/13/2022

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