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City Council

Regular Meeting

Palm Coast, FL · December 5, 2023

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Minutes

City of Palm Coast City Hall 160 Lake Avenue Minutes Palm Coast, FL 32164 www.palmcoastgov.com COUNCIL BUSINESS MEETING Mayor David Alfin Vice Mayor Ed Danko Council Member Cathy Heighter Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, December 5, 2023 6:00 PM COMMUNITY WING City Staff Denise Bevan, City Manager Neysa Borkert, City Attorney Kaley Cook, City Clerk • Public Participation shall be in accordance with Section 286.0114 Florida Statutes. • Other matters of concern may be discussed as determined by City Council. • If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986- 3713. • In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing a reasonable accommodation to participate in any of these proceedings or meeting should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting. • City Council Meetings are streamed live on YouTube at https://www.youtube.com/user/PalmCoastGovTV/live. • It is proper meeting etiquette to silence all electronic devices, including cell phones while meeting is in session. • Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to hire a court reporter 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. A. CALL TO ORDER Mayor Alfin called the meeting to order at 6 p.m. B. PLEDGE OF ALLEGIANCE TO THE FLAG AND A MOMENT OF SILENCE C. ROLL CALL City Clerk Kaley Cook called the roll. Council Member Klufas was absent. D. PUBLIC PARTICIPATION Public Participation shall be held in accordance with Section 286.0114 Florida Statutes. And pursuant to the City Council’s Meeting Policies and Procedures: (1) Each speaker shall at the podium, provide their name and may speak for up to 3 minutes. City of Palm Coast Created on 1/10/24 (2) The Public may provide comments to the City Council relative to matters not on the agenda at the times indicated in this Agenda. Following any comments from the public, there may be discussion by the City Council. (3) When addressing the City Council on specific, enumerated Agenda items, speakers shall: (a) direct all comments to the Mayor; (b) make their comments concise and to the point; (c) not speak more than once on the same subject; (d) not, by speech or otherwise, delay or interrupt the proceedings or the peace of the City Council; (e) obey the orders of the Mayor or the City Council; and (f) not make any irrelevant, impertinent or slanderous comments while addressing the City Council; which pursuant to Council rules, shall be considered disorderly. (4) Any person who becomes disorderly or who fails to confine his or her comments to the identified subject or business, shall be cautioned by the Mayor and thereafter must conclude his or her remarks on the subject within the remaining designated time limit. Any speaker failing to comply, as cautioned, shall be barred from making any additional comments during the meeting and may be removed, as necessary, for the remainder of the meeting. Members of the public may make comments during the public comment portion of the meeting. Please be advised that public comment will only be permitted during the public comment portions of the agenda at the times indicated by the Chair during the meeting. Mayor Alfin referenced a press release from earlier in the day and asked Ms. Bevan to provide information about the press release. Ms. Bevan shared about the press release and the City’s proactive stance on some of the concerns raised by residents regarding infill development and standing water in yards. Mayor Alfin provided the rules and procedures of public comment. Ken McDowell discussed agenda packets and time for City Council to review the packets, forensic audit, and description of a forensic audit. Mike Martin, Chairman of the board of the East Flagler County Mosquito Control District, discussed recent complaints of mosquitos at Indian Trails Sports Complex and shared information related to the spraying of pesticides and legal requirements for minimum numbers of mosquitos in an area to allow for spraying. Joe Runak spoke about a proposed cell phone tower at 7 Clubhouse Drive, other potential locations, process of the application, zoning, invitation to the City Council to take a look at the location, and asked City Council to work with the Planning and Land Development Regulation Board to look at the issue. Mark Stancel discussed lighting on Seminole Woods, flooding at new homes, asked City Council to amend the Code to put a ceiling on the height of new builds, fixing swale infrastructure, and supported neighbors on Old Kings Road and preservation of the road. City of Palm Coast Created on 1/10/24 Steve Carr discussed excessive traffic on residential streets, enforcement of a truck Ordinance for Florida Park Drive, and referred to a newspaper article. Carol Brassfield requested a moratorium on building until City Council determines a height from the crown of the road to the house being built, shared discussion with a home builder and concerns for flooding. Peter Johnson spoke on behalf of Candace Stevens and additional residents on reckless overdevelopment in Palm Coast and flooding concerns. Jeffrey Seib stated that the City of Palm Coast has an increasing gradient of problems including crumbling roads, traffic jams, Stormwater and drainage issues, water and sewage growth issues, extent of flooding on existing home sites, lack of oversight by City departments, stakeholder groups, comprehensive plan, and including the public in processes. Jeff Dunn discussed issues his family has dealt with due to new house development. Additionally, Mr. Dunn discussed housing elevations, new home builds and flooding issues, expenses to date, asked Council what the solution will be, and that that his wife sent pictures to the taskforce and has not received a response. A resident spoke about instructional league uses of fields and mosquitos. Heather Davis shared that she sent an email on September 5, 2023, that the house being built next to hers is too high. Ms. Davis also spoke about regulations, understanding that the City is working on the law but that it doesn't help people right now, problems at 62 Perrotti Lane, and that a response was received before the meeting. Robert MacDonald spoke about vacant lots and why city staff is used to mow lots not belonging to the city. Mr. MacDonald shared about conversations on the topic thus far and asked why City employees are cutting grass on property that doesn’t belong to the City and asked for the cost is incurred. Joy Cook spoke about complaints she has filed with the city for cracking under her driveway. Ms. Cook also spoke about flooding, and support for communities on Old Kings Road, and did not support rezoning of parcels to accommodate any developer or for western expansion. Darlene Shelley expressed concerns for lack of smart growth, traffic backups on Old Kings Road, inherent approval of urban sprawl, lack of access for emergency vehicles, unattainable demands on infrastructure, local schools over capacity, lower property values, increased crime statistics, excessive amount of special exceptions, unnecessary zone changes, allowing developers pillaging neighborhoods, greed over need, disregard for the protection of historic properties and wetlands, lack of preservation of greenspace, displacement of wildlife, and other topics related to the safety, health, and welfare of citizens by the choices of City Council. City of Palm Coast Created on 1/10/24 Dennis McDonald encouraged the City Council to have an audit discussed the situation concerning drainage and that the remedy to the situation is the building code in the State of Florida. Mr. McDonald discussed fill, engineering, and his Public Records Request for Birchwood Drive, response received, and asked City Council to look into the matter. George Mayo wished Happy Holidays, discussed holiday trash pickup, and contract negotiations, and the pickup for upcoming holidays. Bruce Stone discussed increased traffic, reports to newspapers, resident complaints, apartments, and home value, and taking care of residents and streets. Celia Pugliese discussed prior City Council discussions regarding attorney services and recommended not obtaining advice from the Flagler County Attorney. Additionally, Ms. Pugliese discussed the number of houses with flooding problems, support for the comments of Mr. Runak, and location selection of cellphone towers. Mara Weurth stated that she has attended 4 meetings and completed a comment card and has yet to receive a response. Ms. Weurth shared about a meeting with a representative of the builder responsible for the home being built next to hers, and assurances and documentation that were committed and have not been provided. Ms. Weurth also discussed Ms. Bevan’s comments from a previous meeting and to discuss homeowners’ bottom line and composition of the taskforce. Donna Mcgevna discussed cell phone towers and information that was shared from Council Member Klufas. Ms. Mcgevna suggested that Council Member Klufas explain to the community how towers are chosen. Harold Maldonado spoke about new home builds and flooding, cap on a limit for infill dirt, and a home being on an island by itself. Paula Poulin discussed a new home built next to hers and flooding concerns, complaints, efforts taken thus far, an email received tonight, and asked who is going to pay for this. Jeff Knotts spoke about his history living in Palm Coast and the changes and shared support for an audit. Mayor Alfin asked if Ms. Bevan has the contact information of the speakers this evening. Ms. Bevan replied yes, and information related to various public comments. Vice Mayor Danko stated that at some point something will have to be determined to help everyone in the community dealing with the situation. Vice Mayor Danko also discussed responses from staff on resident flooding. Ms. Bevan shared a response on customer service expectations and how staff communicates technical information. City of Palm Coast Created on 1/10/24 Vice Mayor Danko asked about the public comment on building and engineering reports. Ms. Bevan provided a response regarding public records, public records process, and Florida Statutes related to retention. Ms. Bevan asked the City Clerk if any additional information was available. Kaley Cook, City Clerk, shared that she would need to review the situation further to be able to provide details of the response and the documents referenced. Council Member Pontieri thanked Mr. Martin for his comments on mosquitos, thanked Ms. Bevan for comments shared regarding lights, and hoped that none of the comment cards related to flooding were slipping through the cracks. Council Member Pontieri urged residents to email her if they have not received a response. Council member Pontieri asked for an update on the audit process. Ms. Bevan provided the status as requested. Council Member Pontieri discussed potential lot height limitations set by the County. Ms. Bevan provided a response on County conditions and the uniqueness in standards. Vice Mayor Danko shared comments on a forensic audit and his expectations. Vice Mayor Danko asked if there are any companies who are willing to provide information on an audit for free. Ms. Bevan discussed the importance of obtaining the right qualifications. Attorney Borkert provided a response on the bid process and receiving free advice. Council Member Heighter thanked everyone in attendance and stated that she is taking the flooding in yards seriously. E. MINUTES 1. MINUTES OF THE CITY COUNCIL: NOVEMBER 7, 2023, BUSINESS MEETING NOVEMBER 14, 2023, WORKSHOP MEETING NOVEMBER 14, 2023, SPECIAL BUSINESS MEETING NOVEMBER 28, 2023, SPECIAL WORKSHOP MEETING City of Palm Coast Created on 1/10/24 Motion by Vice Mayor Danko, seconded by Council Member Pontieri to approve the minutes of the November 7, 2023, Business Meeting. The motion passed unanimously. Motion by Vice Mayor Danko, seconded by Council Member Pontieri to approve the minutes of the November 14, 2023, Workshop Meeting. The motion passed unanimously. Motion by Council Member Pontieri, seconded by Vice Mayor Danko to approve the minutes of the November 14, 2023, Special Business Meeting. The motion passed unanimously. Motion by Vice Mayor Danko, seconded by Council Member Pontieri to approve the minutes of the November 28, 2023, Special Workshop Meeting. The motion passed unanimously. F. PROCLAMATIONS 2. PROCLAMATION - DECEMBER 9, 2023, AS PALM COAST HOLIDAY BOAT PARADE DAY Mayor Alfin provided the Proclamation to Sarah Yulis, a representative of the Holiday Boat Parade. Ms. Yulis shared comments and thanks to City staff. City Council then moved to item 9. G. ORDINANCES SECOND READ 3. ORDINANCE 2023-XX A COMPREHENSIVE PLAN AMENDMENT FROM COUNTY DESIGNATION OF RESIDENTIAL LOW DENSITY AND COMMERCIAL-LOW INTENSITY TO CITY DESIGNATION OF RESIDENTIAL AND MIXED-USE WITH SITE SPECIFIC POLICY TO LIMIT DEVELOPMENT ON 62.3+/- ACRES This item was heard after item 9 on the agenda. Attorney Borkert read the title into the record. Ray Tyner, Deputy Chief Development Officer, provided a background of the item. Jose Papa, Senior Planner, presented the topic to Council. Topics presented included: background, proposed Future Land Use Map Amendment, Findings, and Recommendation. Mr. Chiumento, on behalf of the applicant, shared that there have been no changes since the first reading. Mayor Alfin asked for an update on communications between the parties. Mr. Chiumento shared discussions with the Homeowners Association. City of Palm Coast Created on 1/10/24 Council Member Pontieri discussed a letter written to the city, by Flagler County, which outlined concerns which Council Member Pontieri believed the main points to be buffer and ensuring the possibility of connectivity for a trail. Additionally, Council Member Pontieri shared concern for annexing property in and changing the overall integrity of a property. Council Member Pontieri asked Mr. Chiumento to alleviate the concerns raised by Ms. Petito, Flagler County Administrator. Mr. Chiumento provided a response on the history of the project, meetings with Flagler County staff, resident concerns, permissible uses within the zoning code, conceptual master plan, buffers, and Flagler County concerns which have been addressed. Council Member Pontieri discussed a voluntary developer agreement and asked if it was incorporated into the Comprehensive Plan amendment or the rezoning. Mr. Chiumento replied neither, that the agreement was discussed as part of the annexation and the applicant has incorporated policies for the comprehensive plan amendment lowering the density. Attorney Borkert provided clarification on the private agreement between the developer and the Homeowners Association. Additionally, Attorney Borkert discussed the most germane Comprehensive Plan issue raised by Flagler County. Council Member Pontieri asked if it is the developer’s intent to include the buffer to encompass a referenced cul-de-sac area. Mr. Chiumento provided a response on staff’s language in the conceptual master plan related to the topic. Council Member Pontieri asked if the buffer that will be on Secretariat Lane will accomplish a separation from the surrounding neighborhood. Mr. Tyner provided a response regarding the current item for decision before Council and following steps and items that address the question. Council Member Pontieri asked whether or not the “hook area”, with the cul-de- sac” is included in the amendment. Mr. Chiumento responded that it is, and that the present plan for development does not call for that area to be developed. Public Comment: Dennis Bayer, on behalf of the residents of Polo Club West, discussed review from the State, concerns, buffer requirement for lot 34, request for a 25-foot vegetative buffer, adjacent land uses, going away from a rezoning and PUD and safeguards for the developer to follow, and that the buffer issue needs to be addressed as part of the land use map amendment. City of Palm Coast Created on 1/10/24 Mayor Alfin asked for the formulation or formula used to determine the need for additional buffers. Mr. Bayer provided a response. Mayor Alfin asked if the parties can get together to resolve this one issue. Mr. Bayer responded that this is not the only issue and provided additional concerns. Attorney Borkert clarified details of the conversation and asked if Mr. Bayer was asking to include buffers in the Comprehensive Plan Amendment. Additional conversation was held on the boundaries, buffer, and locations. Mr. Bayer asked about the timeline for the Master Site Plan. Mr. Tyner provided the timeline. Council Member Pontieri discussed consideration of buffers while reviewing compatibility and asked if staff has an opinion on whether a 25 ft vegetative buffer would help with the compatibility of the project. Mr. Tyner provided a response on staff’s analysis and determining compatibility. Council Member Pontieri asked why we are not enforcing the buffer and the fence to include lot 34 to meet compatibility requirements. Mr. Tyner provided a response. Additional discussion was held on compatibility, density, and buffer. Mr. Bayer provided a response on a ten-fold increase in density. Public Comment: Scott Shadel, property owner in Polo Club West and resident of Eagle Lakes, discussed the requirement to notify the public and the conditions of the sign, history of the area and PUD. Peter Johnson asked if there are any proposals for what the mixed use will be, specifically, if it will be another storage unit. John Duncan, property owner of Polo Club West, discussed the negotiations and lack of resolution thus far. Mr. Duncan discussed a buffer, PUD, road access, commercial property restrictions, attempts to work the developers, and requested that City Council either deny or postpone the item until the issues are resolved. Mayor Alfin asked if staff would like to comment on any of the items shared by the public speakers. City of Palm Coast Created on 1/10/24 Attorney Borkert reminded Council that the items discussed were not germane to the Comprehensive Plan Amendment before Council for consideration. Additionally, Attorney Borkert discussed the Land Development Code requirements, and real and legal access. Bob Atack, resident of Polo Club West, discussed the history and process of this project, and stated that the residents of Polo Club West have not fought the process, just sought protections that were granted to the shared property line as part of the original PUD. Mr. Atack shared conversation and prior direction from City Council to the developer and concern at the lack of action while approval is still granted. Paul Shidell shared frustration and with advertisement and notification of land use items. Mr. Shidell provided photos of the notification sign which have been attached to these minutes. Celia Pugliese discussed a potential cellphone tower on 7 Clubhouse Drive, affects to residents’ health and land value, and quality of life, charter language, and the experiences of Palm Coast residents as a whole. Christine Krauss, resident of Polo Club West, spoke about an amendment to the PUD, commercial restrictions and allowances, property lines, and buffers. Paul Fuhr, resident of Polo Club West, shared that he sent an email to Council this afternoon and referenced a letter from Flagler County. Additionally, Mr. Fuhr spoke on compatibility, history of the project with Flagler County and annexation into the city, buffers, nature trails and green space. Mr. Fuhr provided referenced documents which have been attached to these minutes. George Mayo spoke about a Flagler County meeting on the topic, lot 34 and developer plan for the lot. Debbie Fuhr, resident of Polo Club West, stated that she sent City Council an email this afternoon and thanked City Council for their attention on the discussion this evening. Additionally, Ms. Fuhr spoke about greenspace, impact to the environment, and preserving the character. Laura Biddle, resident of Polo Club West, and requested that City Council go back to the previous meetings and look at where City Council provided direction to the developer and staff to work with the residents of Polo Club West. Ms. Biddle looked for assurances that City Council still supported their previous comments. Mr. Chiumento stated that he is confident that many of the issued can be addressed. Additionally, Mr. Chiumento discussed the schedule of the conceptual plan and Planning and Land Development Regulation Board meetings. Mr. Chiumento asked for both items to be tabled to time certain. Discussion was held on the availability and scheduling of the item. Mr. Chiumento and Mr. Bayer agreed to table the item to the January 2, 2024, Business Meeting. City of Palm Coast Created on 1/10/24 Attorney Borkert provided clarification for dwelling units per acre and discussed the procedure for continuance of the item. Pass Motion made to continue by Vice Mayor Danko and seconded by Council Member Heighter Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Theresa Pontieri, Council Member Cathy Heighter 4. ORDINANCE 2023-XX OLD KINGS VILLAGE REZONING - APPLICATION NO. 5506 Attorney Borkert read the title into the record and called for any ex parte communications. Mayor Alfin asked the representatives of the Polo Club West Homeowners Association to invite their members to attend the meetings so that everyone can get to a finish line on the item. Public Comment: Christine Krauss, resident of Polo Club West, shared a letter from Bonnie Spillers, also a resident of Polo Club West, who could not attend the meeting and who owns the lot next to lot 34 that has been discussed during this meeting. Ms. Krauss shared the request from Ms. Spillers and the residents of Polo Club West to fence lot 34. Council Member Pontieri shared discussion and information related to the designation of Comm-1 and Comm-2 and asked City Council to consider whether the property should be zoned to residential and Comm-1 versus residential and Comm-2. Pass Motion made to continue by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Theresa Pontieri, Council Member Cathy Heighter 5. ORDINANCE 2023-18 AMENDING CHAPTER 35, NUISANCES, OFFENSES, AND MISCELLANEOUS PROVISIONS, ARTICLE III OF THE CODE OF ORDINANCES, DIVISION 2, CONCERNING DOOR-TO-DOOR SOLICITATION LICENSES Attorney Borkert read the title into the record and shared that there have been no updates to the item. Public Comment: There were none. Pass City of Palm Coast Created on 1/10/24 Motion made to be adopted on second reading by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Cathy Heighter H. ORDINANCES FIRST READ 6. ORDINANCE 2023-XX AMEND THE BOUNDARIES OF THE LANDINGS COMMUNITY DEVELOPMENT DISTRICT (CDD) - APPLICATION NO. 5560 Attorney Borkert read the title into the record. Phong Nguyen, Senior Planner, presented the topic to Council. Topics presented included: background, Community Development District purpose and standards, Community Development District operation, review of the six factors, public participation, and recommendation. Council Member Pontieri discussed the exhibits to the petition and consistency of dwelling units. Mr. Nguyen responded to the question to provide information. Council Member Pontieri shared concern for the differences in dwelling units listed. Mr. Chiumento discussed the limits set by the Comprehensive Plan and the zoning, and conceptual plans as part of an engineer report. Attorney Borkert asked Mr. Chiumento if the number of units is required in the petition. Mr. Chiumento responded no. Attorney Borkert discussed the concerns of Council Member Pontieri, bonding requirements for the developer, and potential effects of varying number of units across documents. Mr. Chiumento stated that the language can be cleaned up before the second reading of the item. Public Comment: There were none. Council Member Pontieri made a motion to approve the Ordinance but amending paragraph two of the Ordinance to include the maximum number of dwelling units that we have previously allowed in the zoning. Pass Motion made to be approved as amended on first reading by Council Member Pontieri and seconded by Council Member Heighter City of Palm Coast Created on 1/10/24 Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Cathy Heighter 7. ORDINANCE 2023-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT AGREEMENT (DA) This item was tabled to time certain of January 2, 2024. I. RESOLUTIONS 8. RESOLUTION 2023-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER (DO) Attorney Borkert shared that this item, along with item 7, received a request to be tabled to time certain of January 2, 2024. 9. RESOLUTION 2023-140 APPROVING THE PARKS & RECREATION MASTER PLAN This item was heard after F2 on the agenda. Attorney Borkert read the title into the record. Brittany McDermott, Deputy Director of Parks & Recreation, and James Hirst, Director of Parks & Recreation, presented the topic to Council. Topics presented included: collaboration, timeline, follow-up, reports, progress to date, and next steps. City Council held discussion on the following topics: presentation timeline to Flagler County and collaborative efforts between the city and the County. Public Comment: Jarrod Maxwell introduced various sports groups in attendance and spoke about lights at Ralph Carter Park, complaints from a resident in the area, and discussed accessibility of fields, future fields, and adding lighting to other City of Palm Coast fields. Mayor Alfin responded that he appreciates the energy and effort that staff has put in. Sharon Holloway, a coach with the Special Olympics, stood in solidarity with the parents, coaches, athletes, and advocates in the interest of improving parks and facilities for the city. Ms. Holloway discussed what Special Olympics and similar programs has done for athletes. City of Palm Coast Created on 1/10/24 Mike Martin, Chairman of the East Flagler County Mosquito Control District, spoke about the impacts of adding lights on playing fields and attracting more mosquitos. Tiffany Schmidt, President of the Palm Coast Little League, discussed lighting of fields 5-8, increased registration numbers, safety, injuries, and compliments to the Parks & Rec maintenance crew for the Indian Trails Sports Complex. Chris Kinsella, of the Palm Coast Little League, thanked City Council for moving the item up on the agenda, spoke about the large amount of time his family spends at the fields, and wanting Palm Coast to stand out for the right reasons. Tiffany Wiggen, Director of Florida Elite Soccer Academy, reiterated the message of sports alliance speakers and shared a need for rectangular grass fields. Kimberly Harrell, coach with the Flagler County Special Olympics, spoke about her daughter with a traumatic brain injury which caused a disconnect in her early childhood in being involved in community and team sports, Ms. Harrell stated that Special Olympics has allowed her daughter to grow as an athlete and as a person. Additionally, Ms. Harrell shared about lack of facilities and availability for practices. Donna Mcgevna discussed the current procedure for responding to public comment and asked for the answers to questions to be put on the website so that the community can also receive the answer. Additionally, Ms. Mcgevna discussed the complaints about mosquitos and asked about the line of her tax bill for the East Flagler County Mosquito Control District. Mayor Alfin directed the question to the East Flagler County Mosquito Control District. Mr. Martin, Chairman of the East Flagler County Mosquito Control District, spoke about the tax bill and the special district known as the East Flagler County Mosquito Control District. Additionally, Mr. Martin stated that since he took office in 2021, there have been no verified cases of mosquito borne diseases in Flagler County. Vice Mayor Danko asked when Parks & Recreation will be coming back to City Council with an updated fee schedule. Mr. Hist clarified the item to the fee schedule related to the golf course and shared that staff is still working on the item. Council Member Pontieri addressed the public comments on the item and thanked the sports organizations that came out, shared support for special Olympics and utilizing the City’s communications team to assist in visibility and wanted to see a continuous maintenance schedule and upkeep of fields as a priority. Additionally, Council Member Pontieri shared thanks for staff efforts thus far, lighting at parks, deliverable and timeline from staff to start putting the plan or action into place, fields as a priority, and grant writing for Parks & Recreation. City of Palm Coast Created on 1/10/24 Ms. Bevan and Mr. Hirst provided a response on visors that may be able to help at Ralph Carter Park and LED lighting. Ms. McDermott provided a response on a plan moving forward. Ms. Bevan shared that City Council will receive a comprehensive presentation in January with updates on all of their strategic action priorities. Attorney Borkert shared that items H7 and I8 have been tabled to a time certain. The two items will be on the January 2, 2023, City Council agenda. City Council then moved to item G3 on the agenda. Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Theresa Pontieri, Council Member Cathy Heighter J. CONSENT Council Member Pontieri requested to further discuss items 11 and 18 on the consent agenda and stated that several items on consent are not specific as to the amount that is being budgeted. Mr. Mancill, Mr. Flanagan, and Ms. Alves provided responses on budgeting, contracts, and items on the consent agenda. 10. RESOLUTION 2023-149 APPROVING PIGGYBACKING FSA23-VEH21 WITH NEXTRAN TO PURCHASE A MACK DUMP TRUCK 11. RESOLUTION 2023-148 APPROVING PIGGYBACKING TIPS CONTRACT 210304 WITH CINTAS COPORATION NO. 2 FOR FIRE SUPPRESSION SYSTEMS MAINTENANCE & REPAIRS 12. RESOLUTION 2023-141 APPROVING A WORK ORDER WITH CONNECT CONSULTING, INC., FOR THE EVALUATION, REHABILITATION, AND REPAIR OF WELLS SW-6R-SW-34-SW-115 13. RESOLUTION 2023-142 APPROVING PIGGYBACKING THE CITY OF MARCO ISLAND, FL CONTRACT WITH AMERICAN WATER CHEMICALS FOR AWC A-102 PLUS ANTISCALANT 14. RESOLUTION 2023-143 APPROVING PIGGYBACKING THE ORLANDO UTILITIES COMMISSION CONTRACT WITH STEWART’S ELECTRIC MOTOR WORKS, INC., FOR MOTOR REPAIR/REPLACE SERVICES City of Palm Coast Created on 1/10/24 15. RESOLUTION 2023-145 APPROVING PIGGYBACKING THE TAMPA BAY WATER CONTRACT WITH TAMPA ARMATURE WORKS, INC., FOR MOTOR REPAIR/REPLACE SERVICES 16. RESOLUTION 2023-144 APPROVING PIGGYBACKING THE SCHOOL BOARD OF VOLUSIA COUNTY CONTRACT WITH CITY ELECTRIC SUPPLY FOR THE PURCHASE OF MISCELLANEOUS ELECTRICAL SUPPLIES AS NEEDED 17. RESOLUTION 2023-146 APPROVING PIGGYBACKING SOURCEWELL #091422 CONTRACT WITH MOTION INDUSTRIES, INC., FOR INDUSTRIAL AND BUILDING RELATED SUPPLIES AND EQUIPMENT 18. RESOLUTION 2023-147 APPROVING MASTER SERVICE AGREEMENTS WITH G.E.M. STONE CONTRACTORS INC., AND SWC CONSTRUCTION INC., FOR THE INSTALLATION OF NEW AND REPLACEMENT PEP TANKS Pass Motion made to be adopted on consent by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Theresa Pontieri, Council Member Cathy Heighter K. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. There were none. L. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Vice Mayor Danko thanked Ms. Bevan and staff for prioritizing the flooding issue that has been discussed in recent meetings. Vice Mayor Danko wanted everyone to think along the lines of what the city might be able to do to help residents who have been affected. Mayor Alfin agreed and suggested that City Council converse with the City Attorney to make sure that the city is not put in jeopardy. Council Member Pontieri discussed communication and continuing to communicate with residents to let them know that we acknowledge them and that we’re hearing them and addressing their concerns. Mayor Alfin reminded everyone about the upcoming boat parade event. Council Member Heighter thanked the city, department of Parks & Recreation, and the Democratic Women’s Committee. City of Palm Coast Created on 1/10/24 M. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA There were none. N. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA 19. REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR OCTOBER 2023 Ms. Bevan highlighted the emergency and sole source purchases. Council Member Pontieri asked for details of an item on the sole source purchases list. Mr. Flanagan, Utility Director, provided details of the item as requested. O. ADJOURNMENT The meeting was adjourned at 9:51 p.m. Respectfully submitted by: Kaley Cook, CMC, FCRM City Clerk City of Palm Coast Created on 1/10/24

Agenda

City Hall City of Palm Coast 160 Lake Avenue Agenda Palm Coast, FL 32164 www.palmcoastgov.com COUNCIL BUSINESS MEETING Mayor David Alfin Vice Mayor Ed Danko Council Member Cathy Heighter Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, December 5, 2023 6:00 PM COMMUNITY WING City Staff Denise Bevan, City Manager Neysa Borkert, City Attorney Kaley Cook, City Clerk  Public Participation shall be in accordance with Section 286.0114 Florida Statutes.  Other matters of concern may be discussed as determined by City Council.  If you wish to obtain more information regarding the City Council’s agenda, please contact the City Clerk's Office at 386-986- 3713.  In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing a reasonable accommodation to participate in any of these proceedings or meeting should contact the City Clerk at 386-986-3713, at least 48 hours prior to the meeting.  City Council Meetings are streamed live on YouTube at https://www.youtube.com/user/PalmCoastGovTV/live.  It is proper meeting etiquette to silence all electronic devices, including cell phones while Council is in session.  Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to hire a court reporter 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. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE TO THE FLAG AND A MOMENT OF SILENCE C. ROLL CALL D. PUBLIC PARTICIPATION Public Participation shall be held in accordance with Section 286.0114 Florida Statutes. And pursuant to the City Council’s Meeting Policies and Procedures: (1) Each speaker shall at the podium, provide their name and may speak for up to 3 minutes. (2) The Public may provide comments to the City Council relative to matters not on the agenda at the times indicated in this Agenda. Following any comments from the public, City of Palm Coast Created on 7/5/23 1 there may be discussion by the City Council. (3) When addressing the City Council on specific, enumerated Agenda items, speakers shall: (a) direct all comments to the Mayor; (b) make their comments concise and to the point; (c) not speak more than once on the same subject; (d) not, by speech or otherwise, delay or interrupt the proceedings or the peace of the City Council; (e) obey the orders of the Mayor or the City Council; and (f) not make any irrelevant, impertinent or slanderous comments while addressing the City Council; which pursuant to Council rules, shall be considered disorderly. (4) Any person who becomes disorderly or who fails to confine his or her comments to the identified subject or business, shall be cautioned by the Mayor and thereafter must conclude his or her remarks on the subject within the remaining designated time limit. Any speaker failing to comply, as cautioned, shall be barred from making any additional comments during the meeting and may be removed, as necessary, for the remainder of the meeting. Members of the public may make comments during the public comment portion of the meeting. Please be advised that public comment will only be permitted during the public comment portions of the agenda at the times indicated by the Chair during the meeting. E. MINUTES 1. MINUTES OF THE CITY COUNCIL: NOVEMBER 7, 2023, BUSINESS MEETING NOVEMBER 14, 2023, WORKSHOP MEETING NOVEMBER 14, 2023, SPECIAL BUSINESS MEETING NOVEMBER 28, 2023, SPECIAL WORKSHOP MEETING F. PROCLAMATIONS 2. PROCLAMATION - DECEMBER 9, 2023, AS PALM COAST HOLIDAY BOAT PARADE DAY G. ORDINANCES SECOND READ 3. ORDINANCE 2023-XX A COMPREHENSIVE PLAN AMENDMENT FROM COUNTY DESIGNATION OF RESIDENTIAL LOW DENSITY AND COMMERCIAL-LOW INTENSITY TO CITY DESIGNATION OF RESIDENTIAL AND MIXED-USE WITH SITE SPECIFIC POLICY TO LIMIT DEVELOPMENT ON 62.3+/- ACRES 4. ORDINANCE 2023-XX OLD KINGS VILLAGE REZONING - APPLICATION NO. 5506 5. ORDINANCE 2023-XX AMENDING CHAPTER 35, NUISANCES, OFFENSES, AND City of Palm Coast Created on 7/5/23 2 MISCELLANEOUS PROVISIONS, ARTICLE III OF THE CODE OF ORDINANCES, DIVISION 2, CONCERNING DOOR-TO-DOOR SOLICITATION LICENSES H. ORDINANCES FIRST READ 6. ORDINANCE 2023-XX AMEND THE BOUNDARIES OF THE LANDINGS COMMUNITY DEVELOPMENT DISTRICT (CDD) - APPLICATION NO. 5560 7. ORDINANCE 2023-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT AGREEMENT (DA) I. RESOLUTIONS 8. RESOLUTION 2023-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER (DO) 9. RESOLUTION 2023-XX APPROVING THE PARKS & RECREATION MASTER PLAN J. CONSENT 10. RESOLUTION 2023-XX APPROVING PIGGYBACKING FSA23-VEH21 WITH NEXTRAN TO PURCHASE A MACK DUMP TRUCK 11. RESOLUTION 2023-XX APPROVING PIGGYBACKING TIPS CONTRACT 210304 WITH CINTAS COPORATION NO. 2 FOR FIRE SUPPRESSION SYSTEMS MAINTENANCE & REPAIRS 12. RESOLUTION 2023-XX APPROVING A WORK ORDER WITH CONNECT CONSULTING, INC., FOR THE EVALUATION, REHABILITATION, AND REPAIR OF WELLS SW-6R-SW-34- SW-115 13. RESOLUTION 2023-XX APPROVING PIGGYBACKING THE CITY OF MARCO ISLAND, FL CONTRACT WITH AMERICAN WATER CHEMICALS FOR AWC A-102 PLUS ANTISCALANT 14. RESOLUTION 2023-XX APPROVING PIGGYBACKING THE ORLANDO UTILITIES COMMISSION CONTRACT WITH STEWART’S ELECTRIC MOTOR WORKS, INC., FOR MOTOR REPAIR/REPLACE SERVICES 15. RESOLUTION 2023-XX APPROVING PIGGYBACKING THE TAMPA BAY WATER CONTRACT WITH TAMPA ARMATURE WORKS, INC., FOR MOTOR REPAIR/REPLACE SERVICES 16. RESOLUTION 2023-XX APPROVING PIGGYBACKING THE SCHOOL BOARD OF VOLUSIA City of Palm Coast Created on 7/5/23 3 COUNTY CONTRACT WITH CITY ELECTRIC SUPPLY FOR THE PURCHASE OF MISCELLANEOUS ELECTRICAL SUPPLIES AS NEEDED 17. RESOLUTION 2023-XX APPROVING PIGGYBACKING SOURCEWELL #091422 CONTRACT WITH MOTION INDUSTRIES, INC., FOR INDUSTRIAL AND BUILDING RELATED SUPPLIES AND EQUIPMENT 18. RESOLUTION 2023-XX APPROVING MASTER SERVICE AGREEMENTS WITH G.E.M. STONE CONTRACTORS INC., AND SWC CONSTRUCTION INC., FOR THE INSTALLATION OF NEW AND REPLACEMENT PEP TANKS K. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. L. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA M. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA N. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA 19. REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR OCTOBER 2023 O. ADJOURNMENT 20. AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 7/5/23 4 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: NOVEMBER 7, 2023, BUSINESS MEETING NOVEMBER 14, 2023, WORKSHOP MEETING NOVEMBER 14, 2023, SPECIAL BUSINESS MEETING NOVEMBER 28, 2023, SPECIAL WORKSHOP MEETING Presenter: Kaley Cook, City Clerk Attachments: 1. Minutes (4) Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: NOVEMBER 7, 2023, BUSINESS MEETING NOVEMBER 14, 2023, WORKSHOP MEETING NOVEMBER 14, 2023, SPECIAL BUSINESS MEETING NOVEMBER 28, 2023, SPECIAL WORKSHOP MEETING 5 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - DECEMBER 9, 2023, AS PALM COAST HOLIDAY BOAT PARADE DAY Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The City of Palm Coat would like to proclaim December 9, 2023, as Palm Coast Holiday Boat Parade Day. Recommended Action: PROCLAIM DECEMBER 9, 2023, AS PALM COAST HOLIDAY BOAT PARADE DAY 41 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2023-XX A COMPREHENSIVE PLAN AMENDMENT FROM COUNTY DESIGNATION OF RESIDENTIAL LOW DENSITY AND COMMERCIAL-LOW INTENSITY TO CITY DESIGNATION OF RESIDENTIAL AND MIXED USE WITH SITE SPECIFIC POLICY TO LIMIT DEVELOPMENT ON 62.3+/- ACRES Presenter: Jose Papa, AICP, Senior Planner Attachments: 1. Ordinance 2. Staff Report 3. Location Map 4. Business Impact Estimate Background: This is a legislative item. UPDATED BACKGROUND FROM THE OCTOBER 17, 2023, BUSINESS MEETING: This item was heard by City Council at the October 17, 2023, Business Meeting. Pursuant to Section 166.041(4), Florida Statutes, a business impact estimate regarding this proposed Ordinance has been prepared, was attached to this agenda item, and has been posted to the City’s website. All supporting documentation is available for review within the Community Development Department. The proposed amendment was transmitted to various State Agencies for review. There were no comments or objections from the various state agencies. ORIGINAL BACKGROUND FROM THE OCTOBER 17, 2023, BUSINESS MEETING: The subject area of this amendment is a total 62.3+/- acre site located 2.5 miles south of State Road 100 on the eastside of Old Kings Rd. This application is for a Future Land Use Map (FLUM) amendment from its current Flagler County designations of Residential Low Density and Commercial Low Intensity to City of Palm Coast designations of Residential and Mixed Use. The property is currently subject to a site-specific Comprehensive Plan Policy to limit development to 36,000 sq.ft. of commercial with use limitations to prohibit convenience store, filling stations, and fast-food restaurants. The proposed amendment will include site specific policy to limit development to 210 dwelling units and 30,000 sq. ft. of non-residential use. In addition to the Comprehensive Plan Amendment, there is a companion zoning map amendment for the subject property to amend the current Flagler County designations of Planned Unit Development to City of Palm Coast designation of Single Family Residential-1, and General Commercial (COM-2). 43 City Council approved the annexation at 2nd reading on September 19, 2023. The proposed amendment was reviewed for the following:  Analysis of the proposed amendment’s impacts on public facilities and infrastructure. Consistent with the required analysis to compare the proposed land use designation with the existing land use designation, staff compared the current maximum potential development (using the approved PUD entitlements-232 dwelling units and 36,000 sq. ft. of commercial area) against the proposed potential development (210 dwelling units and 30,000 sq. ft. of non-residential) to determine impacts on public facilities and infrastructure. The proposed amendment will have a decrease on the demand for services and infrastructure. Consistent with the development process outlined in the Land Development Code, a concurrency determination will be conducted during the site plan/platting process. Any deficiency found in the infrastructure system may require the developer to pay a proportionate share of the improvements necessary to address the deficiency.  Impacts on the environmental/cultural resources. The proposed amendment will not have impacts on any significant environmental or cultural resources. There are no wetlands or Special Flood Hazard Area within the subject property. The amendment will not cause more impact on the property than what is allowed by the existing FLUM designations.  Compatibility with surrounding land uses. The proposed FLUM designations are generally consistent with the surrounding properties.  Consistency with Comprehensive Plan Policies. Finally the proposed amendment is consistent with comprehensive plan policies regarding:  Coordinating development with public infrastructure. PLDRB MEETING: The Planning and Land Development Regulation Board (PLDRB) held a public hearing on September 19, 2023 for the proposed amendment. The PLDRB voted unanimously (5-0) to approve the proposed FLUM amendment. Public comment was heard from adjacent property owners regarding the impact of the proposed project. These concerns included potential height of new homes, amount of clearing to occur for buffers and other compatibility considerations. Recommended Action: THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD (PLDRB) FINDS APPLICATION NO. 5505 CONSISTENT WITH THE COMPREHENSIVE PLAN AND RECOMMENDS THAT CITY COUNCIL APPROVE THE FLUM AMENDMENT FROM FLAGLER COUNTY RESIDENTIAL LOW DENSITY AND COMMERCIAL-LOW INTENSITY TO CITY OF PALM COAST DESIGNATION OF RESIDENTIAL AND MIXED- USE WITH A SITE-SPECIFIC POLICY TO LIMIT DEVELOPMENT ON THE SUBJECT PROPERTY TO 210 DWELLING UNITS AND 30,000 SQ. FT. OF NON-RESIDENTIAL 44 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2023-XX OLD KINGS VILLAGE REZONING - APPLICATION NO. 5506 Presenter: Bill Hoover, AICP, Senior Planner Attachments: 1. Ordinance 2. Location Map 3. Staff Report 4. Site Plan 5. Landscape Plan 6. Traffic Impact Study Methodology Report 7. Environmental Report 8. Application Packet 9. Citizen Email 10. Business Impact Estimate Background: This is a quasi-judicial item, please disclose any ex parte communication. UPDATED BACKGROUND FROM THE OCTOBER 17, 2023, BUSINESS MEETING: This item was heard by City Council at the October 17, 2023, Business Meeting. Pursuant to Section 166.041(4), Florida Statutes, a business impact estimate regarding this proposed Ordinance has been prepared, was attached to this agenda item, and has been posted to the City’s website. All supporting documentation is available for review within the Community Development Department ORIGINAL BACKGROUND FROM THE OCTOBER 17, 2023, BUSINESS MEETING: The applicant is proposing to rezone 62.31 +/- acres from Planned Unit Development (PUD) with 60.12 +/- acres going to Single-Family Residential-1 (SFR-1) and 2.19 +/- acres to General Commercial (COM-2). The subject property was part of the 84 +/- acre Old Kings Village PUD that was rezoned by the Flagler County Commissioners in June 2007 from the Agricultural (AC) Zoning District. The Old Kings Village PUD was approved for up to 232 residential units and about 4 acres of Commercial Low Intensity uses located at the intersection of Old Kings Road and Steeplechase Trail. The 84 +/- acre PUD also included a 21 +/- acre preserve parcel that was located about ¼ mile east of the subject site. 64 In January 2008, the Flagler County Commissioners approved a Preliminary Plat for the project for 159 patio homes (located on individual lots with minimum dimensions of 50’ wide x 125’ deep), 72 townhome units (located on lots with minimum dimensions of 22’ wide x 87’ deep) and an approximate 4-acre commercial tract. In October 2009, the 21 +/- acre preserve parcel was deeded to Flagler County and is not part of this rezoning application. In November 2020, Geosam Capital US (Florida), LLC purchased the subject 62.31 +/- acres with the desire to develop it by annexing the site into the City, modifying the FLUM designation for the site and rezoning most of the site to SFR-1 so it can be developed for up to 210 single-family homes on 50’ wide lots having a minimum area of 6,000 s.f. The remainder of the site about 2.19 +/- acres is being rezoned to General Commercial (COM- 2) with this portion of the project located at the SW corner of the site along Old Kings Road and south of Steeplechase Trail. Staff has determined that the proposed SFR-1 and COM-2 uses will be compatible with neighboring properties along Old Kings Road. The proposed COM-2 zoning would provide the opportunity for residents along Old Kings Road to have some commercial services and should provide a few job opportunities in reasonable proximity to their residences. Public Participation: The applicant’s team held a neighborhood meeting at 6:00 PM at the Hilton Garden Inn on September 11, 2023. All neighboring residents within 300 feet of the project’s boundaries were invited by US Mail to this meeting. Ten neighbors attended (apparently all from the Polo Club), the applicant’s team and one City Planner. Two signs along Old Kings Road will be erected and a news ads run prior to each public hearing. Planning and Land Development Regulation Board (PLDRB) Meeting: The PLDRB reviewed this application at its regularly scheduled meeting at 5:30 PM on September 19, 2023, and by a 5 – 0 vote found it in compliance with the Comprehensive Plan and recommended approval to City Council. Two neighboring residents spoke against the overall project citing concerns with having SFR-1 zoning abutting their 5-acre homesites in the Polo Club. Recommended Action: THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD DETERMINED THE PROPOSED REZONING (APPLICATION NO. 5506) TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN AND RECOMMENDED APPROVAL TO CITY COUNCIL TO REZONE 62.31 +/- ACRES FROM PLANNED UNIT DEVELOPMENT (PUD) TO SINGLE-FAMILY RESIDENTIAL-1 (SFR-1) AND GENERAL COMMERCIAL (COM-2) 65 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department COMMUNITY DEVELOPMENT Amount Division CODE ENFORCEMENT Account # Subject: ORDINANCE 2023-XX AMENDING CHAPTER 35, NUISANCES, OFFENSES, AND MISCELLANEOUS PROVISIONS, ARTICLE III OF THE CODE OF ORDINANCES, DIVISION 2, CONCERNING DOOR-TO-DOOR SOLICITATION LICENSES Presenter: Michael Giuliano, Local Business Tax Inspector and Barbara Grossman, Code Enforcement Manager Attachments: 1. Ordinance 2. License Application 3. Business Impact Estimate Background: UPDATED BACKGROUND FROM THE NOVEMBER 7, 2023, BUSINESS MEETING: City Council heard the first reading of this item at the November 7, 2023, Business Meeting. Pursuant to Section 166.041(4), F.S., a business impact estimate regarding this proposed Ordinance has been prepared, has been attached to this agenda item, and has been posted to the City’s website. UPDATED BACKGROUND FROM THE OCTOBER 10, 2023, WORKSHOP: This item was heard by City Council at their October 10, 2023, City Council Workshop. The attached Ordinance has been updated to reflect the changes requested by City Council. ORIGINAL BACKGROUND FROM THE OCTOBER 10, 2023, WORKSHOP: The City of Palm Coast is granted the authority, under § 2(b)m Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law. The City Council desires to amend City of Palm Coast Ordinance No. 03-31, as amended by Ordinance No. 2004-14 codified as Chapter 35, Nuisances, Offenses, and Miscellaneous Provisions, Article III, Solicitation, Division 2, Peddlers and Hawkers, Section 35-163, License Required; Application; Issuance; Term, of the Code of Ordinances, City of Palm Coast, Florida (“Code”) in order to update the application process, requirements and criteria for obtaining a solicitor’s license necessary to conduct door-to-door solicitation within the City’s jurisdictional limits. Section 501.022, Florida Statues outlines the permitting process counties must follow when issuing door-to-door solicitation permits, indicates what information must be included in an application, and provides a nondiscretionary licensure process. Section 501.022, Florida Statutes, grants county clerks the authority to issue solicitation 123 permits within counties but does not preempt a municipality from establishing its own permitting or licensure requirements for solicitors. See Op. Att’y Gen. Fla. 86-86 (1986). The City Council finds that updating the City’s licensing process for door-to-door solicitation to make it consistent with the county permitting requirements as outlined in Section 501.022, Florida Statutes, will aid in establishing an efficient and uniform process of issuing solicitation licenses within the City. There has been a recent increase in unlicensed solicitors in the City, so amending the Ordinance at this time will provide additional safety measures to our residents. The City Council of the City of Palm Coast, Florida, hereby finds this Ordinance to be in the best interest of the public health, safety, and welfare of the citizens of Palm Coast. Recommended Action: ADOPT ORDINANCE 2023-XX AMENDING CHAPTER 35, NUISANCES, OFFENSES, AND MISCELLANEOUS PROVISIONS, ARTICLE III OF THE CODE OF ORDINANCES, DIVISION 2, CONCERNING DOOR-TO-DOOR SOLICITATION LICENSES 124 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2023-XX AMEND THE BOUNDARIES OF THE LANDINGS COMMUNITY DEVELOPMENT DISTRICT (CDD) - APPLICATION NO. 5560 Presenter: Phong Nguyen, Senior Planner Attachments: 1. Presentation 2. Ordinance 3. Petition 4. Business Impact Estimate Background: This is a legislative item. The City of Palm Coast received a Petition to amend the Landings Community Development District (CDD) in October 2023. The applicant is the Landings Community Development District (Petitioner). The current District covers approximately 204.68 acres of land, and the expansion area covers approximately 356.18 acres of land for which are located entirely within the City of Palm Coast, Florida, and comprises approximately 560.86 acres of land in total. The site is generally located south of Seminole Woods Blvd, east of US-1 and south of Citation Blvd. At the time of this application, the current CDD plus the expansion area is planned to develop approximately a combined 801 residential units. The CDD is primarily a mechanism for funding the significant costs of providing infrastructure for a large residential community. The proposed CDD is designed to provide community infrastructure, stormwater, services, and facilities along with public facility operation and maintenance to the proposed CDD. The intent to establish a CDD is to encourage a strong commitment to capital facilities planning, management and financing to ensure the provision of adequate capital infrastructure to serve projected growth without overburdening the general taxpayer. The establishment of the CDD or its expansion boundaries do not obligate the City of Palm Coast to ownership, operation, or maintenance of any infrastructure. Nothing in the Petition shall be construed as an affirmative acceptance by the City Council of the City of Palm Coast of improvements or acceptance of operation and maintenance obligations. According to Chapter 190, Florida Statutes, the establishment of a CDD, less than 2,500 acres, may be approved by the City Council and more specifically Section 190.005 provides standards for a local government to adopt an ordinance establishing a CDD. In addition, pursuant to Section 190.046, Florida Statutes, a landowner or the district board may petition to expand the boundaries of a CDD by filing a petition with the local government that initially 136 established the district; and Section 190.046, Florida Statutes, requires that petitions for expansion of CDDs must be reviewed pursuant to the requirements set forth in Section 190.005(2)(e), Florida Statutes. The petitioner has filed a petition with the City containing all information required by Section 190.046, Florida Statutes and the City has received and reviewed those items. The following six factors are to be used by the City of Palm Coast in determining if the City Council will grant or deny the CDD petition. 1. Whether all the statements within the petition have been found to be true and correct. 2. Whether the establishment of the district is inconsistent with any applicable element or portion of the State’s comprehensive plan or of the City’s comprehensive plan. 3. Whether the land area within the proposed district is of sufficient size, is sufficiently compact and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether the community development services, and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amenable to separate special district government. A CDD is a special purpose unit of government that is utilized to acquire, finance, operate and maintain the infrastructure within a large, planned development. A key advantage for the developer is that low-cost financing can be obtained by issuing tax-exempt bonds to finance the infrastructure improvements. The City or County approving such ordinance establishing the CDD is not a party to the financing and does not incur any obligation for this infrastructure debt. Since this is a petition to amend the current boundaries of a district, the CDD is currently managed by a 5-member Board of Supervisors. Florida law requires the Board of Supervisors to operate under public record laws and provide annual audits. Additionally, Florida laws require that potential property owners within the CDD be notified upfront in writing of the infrastructure costs and annual payments associated with the applicable property. These payments would be made to the Flagler County Tax Collector’s office as an assessment. A CDD is a special purpose unit of government that is utilized to acquire, finance, operate and maintain the infrastructure within a large, planned development. A key advantage for the developer is that low-cost financing can be obtained by issuing tax-exempt bonds to finance the infrastructure improvements. The City or County approving such ordinance establishing the CDD is not a party to the financing and does not incur any obligation for this infrastructure debt. Since this is a petition to amend the current boundaries of a district, the CDD is currently managed by a 5-member Board of Supervisors. Florida law requires the Board of Supervisors to operate under public record laws and provide annual audits. Additionally, 137 Florida laws require that potential property owners within the CDD be notified upfront in writing of the infrastructure costs and annual payments associated with the applicable property. These payments would be made to the Flagler County Tax Collector’s office as an assessment. Pursuant to Section 166.041(4), Florida Statutes, a business impact estimate regarding this proposed Ordinance has been prepared, has been attached to this agenda item, and has been posted to the City’s website. Public Participation: Newspaper ads will be run approximately two weeks prior to each of the two City Council public hearings. The applicant is also required to run four consecutive weekly newspaper ads advising the public of the second City Council public hearing. Recommended Action: ADOPT ORDINANCE 2023-XX AMEND THE BOUNDARIES OF THE LANDINGS COMMUNITY DEVELOPMENT DISTRICT (CDD) - APPLICATION NO. 5560 138 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department COMMUNITY DEVELOPMENT Amount Division Account # Subject: ORDINANCE 2023-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT AGREEMENT (DA) Presenter: Jose Papa, AICP, Senior Planner Attachments: 1. Applicant Correspondence Background: This is a quasi-judicial item, please disclose any ex parte communication. UPDATE FROM THE DECEMBER 5, 2023, BUSINESS MEETING: On November 30, 2023, City staff received a request from the applicant to reschedule the item to the January 2, 2024, Business Meeting. The letter from the applicant’s representative is attached. Planning and Land Development Regulation Board (PLDRB) Public Hearing The PLDRB held a public hearing on the proposed amendments on October 18, 2023. After discussion, the PLDRB voted to unanimously approve the item. There were no public comments. Town Center Palm Coast Master Planned Development is a 1,601+/- acre Planned Unit Development. This amendment to the Town Center at Palm Coast Park Planned Unit Development-Development Agreement (Town Center PUD) proposes to accomplish the following:  Bring consistency to the types of residential uses permitted in the Town Center PUD by eliminating distinction between fee-simple and common ownership multi-family residential units,  Allow Data Centers as a permitted use in Town Service and Town Business areas of the Town Center PUD,  Provide additional guidelines and criteria for developing mixed-use buildings within the “Urban Core” areas of the PUD, along with an incentive to permit conversion of non-residential sq. ft. to residential units when project is a mixed-use building within the Urban Core area,  Create rules for fences or walls needed for security or safety, and  Housekeeping/Clean-up Items. The proposed amendment is consistent with criteria established in the Land Development Code (LDC) based on the following: 248  Consistency with the following Comprehensive Plan policies – the amendments will not hinder the policy to promote opportunities to provide housing opportunities near services; direct development in areas served by infrastructure (no expansion of development area); provide variety of housing types and opportunities.  Amendment is not in conflict to public interest or creates a hazard or nuisance – the amendment does not permit a new use that creates a hazard or nuisance. Data Centers are typically permitted in light industrial and business parks. Additionally, clarification of rules for development of Mixed-Use buildings will assist in ensuring and promoting mixed use buildings in the Town Center.  No significant financial liability or hardship – amendment is in area served by infrastructure.  The amendment furthers the vision within the PUD to create a Mixed-Use community with a variety of housing types along with a mix of non-residential uses, and  The amendment will not result in additional impacts to environmental or natural resources since the amendment does not propose to increase the developable area of Town Center.  Consistency with surrounding land uses – Town Center is a compact planning area bordered by arterial roadways. The standards established for Town Center are based on the vision of Town Center as a Mixed Use “urban center” for Palm Coast. The proposed amendment does not stray from this vision but rather enhances the potential to complete the vision of Town Center as an area to live, work, and play within an “urban center” in Palm Coast. Pursuant to Section 166.041(4), Florida Statutes, a business impact estimate regarding this proposed Ordinance has been prepared, has been attached to this agenda item, and has been posted to the City’s website. Recommended Action: THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD (PLDRB) FINDS THE PROPOSED AMENDMENT TO THE TOWN CENTER PUD-DA (APPLICATION NO. 5523) CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE CRITERIA IN THE LAND DEVELOPMENT CODE AND RECOMMENDS THAT CITY COUNCIL APPROVE THE PROPOSED AMENDMENTS TO THE TOWN CENTER PUD-DA 249 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department COMMUNITY DEVELOPMENT Amount Division Account # Subject: RESOLUTION 2023-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER (DO) Presenter: Jose Papa, AICP, Senior Planner Attachments: 1. Applicant Correspondence Background: This is a quasi-judicial item, please disclose any ex parte communication. UPDATE FROM THE DECEMBER 5, 2023, BUSINESS MEETING: On November 30, 2023, City staff received a request from the applicant to reschedule the item to the January 2, 2024, Business Meeting. The letter from the applicant’s representative is attached. Planning and Land Development Regulation Board Public Hearing (PLDRB) The PLDRB held a public hearing on October 18, 2023, to discuss and hear public comments on the proposed amendments. After discussion, the PLDRB voted unanimously to approve the amendment. Town Center at Palm Coast Development of Regional Impact (DRI) is a 1,601+/- acre Development of Regional Impact originally approved in 2003. Since 2003, the following development projects have been completed:  857,000 sq. ft. of commercial/office/institutional (Target, Publix, Palm Coast Medical Office, City Hall, etc.),  2,400 seat movie theater,  125-room hotel,  202 bed nursing home, and  541 dwelling units. In addition to the completed development (as enumerated above), another 650,000 sq. ft. of non-residential entitlements and 2,310 residential unit entitlements have been sold by the Declarant to private developers. The proposed amendment to the Town Center DRI-DO is a request to convert 114,583 sq. ft. of Office land use to 275 residential dwelling units. Approval of the conversion will result in updating Tables 3(b) and 3(c) of the DRI-DO. This request is being processed consistent with the steps outlined in the Town Center DRI-DO as explained in the next section. 251 The Town Center DRI-DO permitted conversions of the “Present Entitlements” subject to the following: 1) Declarant may convert up to 20% of Present Entitlements subject to notifying the City Manager’s designee so that the conversions do not exceed the 20% threshold, and 2) conversions exceeding 20% but cumulatively not to exceed 30% must be approved by City Council. City Council review is to ensure that substantial and material adverse impacts on public facilities and the community do not occur. In October 2022, the Declarant exercised their right to convert 90,760 sq. ft. of retail/commercial to 550 dwelling units. This conversion is based on the Trip Generation Equivalency Matrix as attached in the DRI-DO. This conversion accounted for 20% of the potential 30% of land use conversions permitted by the Town Center DRI-DO. This application proposes to convert 114,583 sq. ft. of Office land use to 275 Residential units to reach the cap of 30% conversion. If the conversion request is approved, the development entitlements for Town Center DRI will be as follows: Land Use Approved Sold Remaining Residential 3,575 Units 2,851 Units 724 Units Office 1,285,417 Sq. Ft. 494,295 Sq. Ft. 791,122 Sq. Ft. Retail/Commercial 1,909,240 Sq. Ft. 649,695 Sq. Ft. 1,259,545 Sq. Ft. Non-Retail/ Commercial 1,195,000 Sq. Ft. 177,789 Sq. Ft. 1,017,211 Sq. Ft. Institutional 625,000 Sq. Ft. 317,000 Sq. Ft. 308,000 Sq. Ft. Movie Theater 2,400 Seats 2,400 Seats 0 Seats Lodging 480 rooms 125 rooms 355 rooms Assisted Living 485 rooms 202 rooms 283 rooms Analysis: The proposed amendment is consistent with the Comprehensive Plan based on the following policies: -Policy 1.1.4.1 – Mixed Use land use designation is intended to provide opportunities for residents to work, shop, engage in recreational activities, and attend school and religious services in reasonably close proximity to residential dwellings. The proposed amendment is consistent with the above policy. Town Center DRI has a comprehensive plan designation of DRI-Mixed Use. The purpose and land uses permitted in the DRI remain unchanged and remain consistent with the vision of a development that creates opportunities for residents to work, shop, engage in recreational activities, and attend school and religious services in reasonably close proximity to residential dwellings consistent with the purpose of the DRI-Mixed Use comprehensive plan designation. -Policy 1.1.4.5 – Land use patterns will be required to be efficient and not disproportionately increase the cost of providing and maintaining public facilities, as well as providing housing and transportation strategies that will foster energy conservation. 252 The proposed amendment is consistent with the above policy. The amendments will not hinder the ability to provide for more efficient use of land by allowing residential and service uses within proximity of each other. The opportunity remains to locate varying uses within proximity of each other and continue to provide the potential for alternative modes of transportation that foster energy conservation (walking/bicycling). -Policy 1.3.1.3 – The City shall encourage development to locate in the areas where public facilities, infrastructure, and services are available. Where there are deficiencies and where appropriate, the City shall require the developer to provide or extend the facilities as necessary to accommodate development. Applicable impact fees shall be used by the City consistent with State law to offset the costs of the City providing facilities. The proposed amendment does not expand into areas which are currently not served by infrastructure. Consistent with this Policy, the adopted Development Order requires analysis to ensure that the facilities to serve any proposed development is adequate. Additionally, the proposed amendment is consistent with criteria established in the Land Development Code (LDC) based on the following:  As previously provided, the proposed amendment is consistent with the Comprehensive Plan, and  No impact on health, safety, and welfare of surrounding residents (no change in permitted uses). The Planning and Land Development Regulation Board (PLDRB) held a public hearing on October 18, 2023. After discussion, the PLDRB voted 6-0 to recommend that City Council approve the proposed PUD amendments. Recommended Action: THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD (PLDRB) FINDS THE PROPOSED AMENDMENT TO THE TOWN CENTER AT PALM COAST DRI-DO (APPLICATION NO. 5522) CONSISTENT WITH THE COMPREHENSIVE PLAN AND RECOMMENDS THAT CITY COUNCIL APPROVE THE PROPOSED AMENDMENT TO THE TOWN CENTER DRI-DO 253 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department PARKS & RECREATION Amount Division Account # Subject: RESOLUTION 2023-XX APPROVING THE PARKS & RECREATION MASTER PLAN Presenter: Brittany McDermott, Deputy Director of Parks & Recreation and James Hirst, Director of Parks & Recreation Attachments: 1. Presentation 2. Resolution 3. Exhibit A - Parks & Recreation Master Plan Background: Council Priority: B. Safe and Reliable Services 2. Identify local recreation demands (i.e., aquatics, fields, senior services, etc.) to balance the need of regional activity centers UPDATED BACKGROUND FROM OCTOBER 17, 2023, WORKSHOP: The development of the comprehensive Parks & Recreation Master Plan by the consultant, BerryDunn, has been completed. City Staff will be presenting the final report to City Council for review and approval. This presentation will include a summary of the entire developmental process including timeline, summary of reports provided, and next steps after the plan is approved. UPDATED BACKGROUND FROM AUGUST 8, 2023, WORKSHOP: Pursuant to Council Priority B2, aimed at identifying local recreation demands through a comprehensive Parks & Recreation Master Plan, City Staff and BerryDunn, the consultant developing the Master Plan, have prepared a draft presentation for City Council to review. This presentation serves as the comprehensive summary of the entire development process of the Parks & Recreation Master Plan. It will specifically highlight the action plan that identifies short-term, mid-term, and long-term priorities. UPDATED BACKGROUND FROM JUNE 20, 2023, WORKSHOP: In line with Council Priority B2, which focuses on identifying local recreation demands through a comprehensive Parks & Recreation Master Plan, City Staff and BerryDunn, the consultant developing the Master Plan, have created a ‘Goals & Objectives’ presentation for review by City Council. This presentation will encompass the essential aspects of the Master Plan to include identifying key themes and priorities as well as a level of service analysis. UPDATED BACKGROUND FROM DECEMBER 13, 2022, WORKSHOP: As part of the ongoing Council Priority B2 to identify local recreation demands through a 255 comprehensive Parks & Recreation Master Plan, City Staff and BerryDunn, the consultant developing the Master Plan, have prepared a ‘Findings Summary’ presentation for City Council to review. The Findings Summary will include an overview of the data collected so far through surveys, a social pinpoint website, demographics analysis, and parks & trails assessments ORIGINAL BACKGROUND FROM THE DECEMBER 13, 2022, WORKSHOP: As adopted by City Council, the 2023 Strategic Action Plan, B2 priority, staff began to prioritize recreation projects as part of the Parks & Recreation Capital Improvement Plan. The Comprehensive Parks & Recreation Master Plan will make project recommendations and develop a financially feasible 5-year Capital Improvements Schedule to meet the defined needs of the community. This will be accomplished over several phases including an inventory of all recreation facilities, a needs assessment, and a visioning workshop. The City of Palm Coast is working closely with Flagler County on this initiative and has established an Interlocal Agreement approved by City Council, which identified a cost share for City and County. In accordance with the City’s Purchasing Policy, City staff advertised a Request for Statement of Qualifications: RFSQ-PR-22-87 - Parks and Rec Master Plan for COPC & Flagler County. The City received two (2) responses. The evaluation team ranked the qualifications and selected BerryDunn to conduct the study. The cost share of the study is $100,000 for the City of Palm Coast and $100,000 for Flagler County. Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING THE PARKS & RECREATION MASTER PLAN 256 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department PUBLIC WORKS Amount OVER $50K Division Account # 65019090-064000 Subject: RESOLUTION 2023-XX APPROVING PIGGYBACKING FSA23-VEH21 WITH NEXTRAN TO PURCHASE A MACK DUMP TRUCK Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Contract 3. Quote 4. Copy of check from Ford Motor Company Background: Council Priority: A. Strong Resilient Economy The City of Palm Coast’s Fleet department is seeking approval for the purchase of a 10-yard dump truck from Nextran, for the replacement of Asset #2042. Asset #2042 was purchased back from the City by Ford due to recurring malfunction that substantially impaired the use, value, and safety of the truck. There will be no additional funds needed for the purchase as Ford agreed to buy the truck back for $91,770.46 and there is $82,000.00 allocated from the Fleet replacement savings plan. The City of Palm Coast Public Works Fleet Division is recommending piggybacking the FSA23-VEH21.0 with Nextran Truck to utilize the terms, conditions, scope, and pricing of the FSA agreement for heavy trucks. Source of Funds Worksheet FY 2024 FLWATERDIS MACHINERY & EQUIPMENT OVER $5K 65019090-064000 $351,835.00 Total Expended/Encumbered to Date $332,715.43 Pending Work Order/Contracts $0.00 Current (WO/Contract) $0.00 Balance $19,119.57 Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING PIGGYBACKING FSA23-VEH21 WITH NEXTRAN TO PURCHASE A MACK DUMP TRUCK 343 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department PUBLIC WORKS Amount Over $50K Division Account #s 65035012-034000 & 65035012-034000- 99042 Subject: RESOLUTION 2023-XX APPROVING PIGGYBACKING TIPS CONTRACT 210304 WITH CINTAS CORPORATION NO. 2 FOR FIRE SUPPRESSION SYSTEMS MAINTENANCE AND REPAIRS Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Contract Background: Council Priority: B. Safe & Reliable Services We are asking City Council to approve the piggyback of TIPS Contract 210304 for the maintenance, repair, and operations of Facilities and grounds as it relates to fire protection maintenance and repair services with CINTAS Corporation No. 2. This agreement will encompass the services for fire suppression systems maintenance and repairs throughout Citywide Facilities for the safety of the personnel within each, as well as the building. This is a critical life safety topic that is extremely important and valued. Benefits of Piggybacking: Piggybacking the contract will allow the City of Palm Coast to have the fire suppression systems maintenance and repair services with CINTAS Corporation No. 2, which has been providing satisfactory services for the City’s uniform sales, rentals, and services contract # R-BB-19002. The vendor has proven to be reliable and provides great services for the uniform services mentioned. Piggybacking also offers the advantage of obtaining better pricing compared to independently soliciting bids. By piggybacking, the City of Palm Coast can continue to receive essential fire suppression systems maintenance and repair services while benefiting from competitive pricing and streamlined procurement processes. Not only this, but the relationship between the City of Palm Coast and CINTAS Corporation No. 2 will be stronger as we will be using them for another agreed-upon service – allowing each party to foster trust and rapport. As a stakeholder and buyer within this agreement, this will be beneficial for the continuous relationship as well as the streamlined services to fall under one vendor – in this case uniform services as well as fire suppression maintenance and repairs. 531 Contract Details: The piggybacked contract will be effective from the awarded date to July 21st, 2024, with a renewal option good until July 21st, 2026. The piggyback contract with CINTAS Corporation No. 2. is based on a per-unit price basis. Purchases will be made on an as-needed basis for repair services as well as scheduled maintenance services using budgeted funds appropriated by the City Council. Funding: The Fiscal Year 2024 budget includes available funding in the City's Facilities Maintenance and Facilities Fire budgets to cover the costs of scheduled fire suppression systems maintenance and as-needed repair services. City staff estimates that the City will spend over $50,000.00 annually under this piggyback contract. SOURCE OF FUNDS WORKSHEET FY 2024 Facilities Maintenance - Other Contractual SVCS Fund 65035012-034000 $877,031.00 Total Expended/Encumbered to Date $693,665.37 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $50,000.00 Balance $133,365.63 Facilities Fire - Other Contractual SVCS Fund 65035012-034000-99042 $32,000.00 Total Expended/Encumbered to Date $5,069.99 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $5,000.00 Balance $21,930.01 Recommended Action: RESOLUTION 2023-XX APPROVING PIGGYBACKING TIPS CONTRACT 210304 WITH CINTAS CORPORATION NO. 2 FOR FIRE SUPPRESSION SYSTEMS MAINTENANCE AND REPAIRS 532 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department WATER AND WASTEWATER Amount $267,750.00 UTILITY Division WASTEWATER Account # 54029088 063000 81019 Subject: RESOLUTION 2023-XX APPROVING A WORK ORDER WITH CONNECT CONSULTING, INC., FOR THE EVALUATION, REHABILITATION, AND REPAIR OF WELLS SW-6R-SW-34-SW-115 Presenter: Peter Roussell, Utility Deputy Director Attachments: 1. Resolution 2. Proposals (3) Background: Council Priority: D. Sustainable Environment & Infrastructure SW-6R, SW-34 and SW-115 are Public Water Supply Wells that supply raw water to Water Treatment Plant 1. Each one of these wells have been identified to be in need of rehabilitation as a result of a decrease in specific capacity. These wells were originally constructed as screen filter packed into the confined surficial aquifer. Connect Consulting will provide hydrogeological services and engage a well driller to rehabilitate each well separately using hydrochloric acid and high-pressure jetting in combination with air lift inductor to redevelop the well and clean the accumulated calcium off of the well screen. Under the existing contract RFSQ-CD-20-31, staff negotiated a scope and fee not-to-exceed $267,750.00 with Connect Consulting, Inc. Proposal 101.24 in the amount of $80,500.00 for SW-6R, proposal 101.25 in the amount of $92,250.00 for SW-34 and proposal 101.23 in the amount of $95,000.00 for SW-115. City staff has determined that the cost for the services are reasonable and fair and are consistent with these types of services for a project of this size and scope. Funds for this project have been budgeted for out of FY 2024 Utility Capital Projects-Improvements-Wellfield and Wells account. SOURCE OF FUNDS WORKSHEET FY 2024 Improvements – Wellfield and Wells 54029088 063000 81019 $3,550,000.00 Total Expended/Encumbered to Date $12,840.54 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $267,750.00 Balance $3,269,409.46 631 Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING A WORK ORDER WITH CONNECT CONSULTING, INC. FOR THE EVALUATION, REHABILITATION, AND REPAIR OF WELLS SW-6R-SW-34-SW-115 632 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department WATER AND WASTEWATER Amount AS NEEDED UTILITY Division WASTEWATER Account # 54019087 052030 Subject: RESOLUTION 2023-XX APPROVING PIGGYBACKING THE CITY OF MARCO ISLAND, FL CONTRACT WITH AMERICAN WATER CHEMICALS FOR AWC A-102 PLUS ANTISCALANT Presenter: Peter Roussell, Utility Deputy Director Attachments: 1. Resolution 2. Piggyback Contract Background: Council Priority: D. Sustainable Environment & Infrastructure The City's Utility Department/Water Treatment Plant 2 utilizes AWC A-102 Plus Antiscalant to prevent scaling of our nanofiltration membranes and the concentrate pipe feeding the lime softening basin. City staff is recommending piggybacking the City of Marco Island, FL contract (#ITB 2022- 031) with American Water Chemicals for the purchase of AWC A-102 Plus Antiscalant. Piggybacking existing competitively bid contracts is advantageous since the pricing is generally better than what the City could obtain on its own, and the City does not incur the expense and delay of soliciting a bid City staff will purchase this chemical using budgeted funds appropriated by City Council. The Fiscal Year 2024 Budget includes available funding within the Utility Fund-Chemicals to purchase this chemical. This chemical will be purchased on an as needed basis. Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING PIGGYBACKING THE CITY OF MARCO ISLAND, FL CONTRACT WITH AMERICAN WATER CHEMICALS FOR AWC A-102 PLUS ANTISCALANT 661 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department WATER AND WASTEWATER Amount AS NEEDED UTILITY Division WASTEWATER Account # 54029088 063000 84004 Subject: RESOLUTION 2023-XX APPROVING PIGGYBACKING THE ORLANDO UTILITIES COMMISSION CONTRACT WITH STEWART’S ELECTRIC MOTOR WORKS, INC., FOR MOTOR REPAIR/REPLACE SERVICES Presenter: Peter Roussell, Utility Deputy Director Attachments: 1. Resolution 2. Piggyback Contract Background: Council Priority: D. Sustainable Environment & Infrastructure Replacement of electric motors including maintenance is paramount to maintaining the equipment in operational status and to maintain reliability. The water facilities utilize a wide variety of electrical motors and pumps throughout the process of pumping, treating, and distributing potable water for the residents of the City of Palm Coast. City staff is recommending piggybacking the Orlando Utilities Commission (#RFP22 5157-3 OQ) with Stewart’s Electric Motor Works, Inc., for Motor Repair/Replace Services. Piggybacking existing competitively bid contracts is advantageous since the pricing is generally better than what the City could obtain on its own, and the City does not incur the expense and delay of soliciting a bid City staff will purchase these services using budgeted funds appropriated by City Council. The Fiscal Year 2024 Budget includes available funding within the Utility Fund- Improvements General Plant R&R. These services will be purchased on an as needed basis. Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING PIGGYBACKING THE ORLANDO UTILITIES COMMISSION CONTRACT WITH STEWART’S ELECTRIC MOTOR WORKS, INC., FOR MOTOR REPAIR/REPLACE SERVICES 697 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department WATER AND WASTEWATER Amount AS NEEDED UTILITY Division WASTEWATER Account # 54029088 063000 84004 Subject: RESOLUTION 2023-XX APPROVING PIGGYBACKING THE TAMPA BAY WATER CONTRACT WITH TAMPA ARMATURE WORKS, INC., FOR MOTOR REPAIR/REPLACE SERVICES Presenter: Peter Roussell, Utility Deputy Director Attachments: 1. Resolution 2. Piggyback Contract Background: Council Priority: D. Sustainable Environment & Infrastructure Replacement of electric motors including maintenance is paramount to maintaining the equipment in operational status and to maintain reliability. The water facilities utilize a wide variety of electrical motors and pumps throughout the process of pumping, treating, and distributing potable water for the residents of the City of Palm Coast. City staff is recommending piggybacking the Tampa Bay Water contract (2023-031) with Tampa Armature Works, Inc., for Motor Repair/Replace Services. Piggybacking existing competitively bid contracts is advantageous since the pricing is generally better than what the City could obtain on its own, and the City does not incur the expense and delay of soliciting a bid. City staff will purchase these services using budgeted funds appropriated by City Council. The Fiscal Year 2024 Budget includes available funding within the Utility Fund- Improvements General Plant R&R. These services will be purchased on an as needed basis. Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING PIGGYBACKING THE TAMPA BAY WATER CONTRACT WITH TAMPA ARMATURE WORKS, INC., FOR MOTOR REPAIR/REPLACE SERVICES 919 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department WATER AND WASTEWATER Amount AS NEEDED UTILITY Division WASTEWATER Account # MULTIPLE Subject: RESOLUTION 2023-XX APPROVING PIGGYBACKING THE SCHOOL BOARD OF VOLUSIA COUNTY CONTRACT WITH CITY ELECTRIC SUPPLY FOR THE PURCHASE OF MISCELLANEOUS ELECTRICAL SUPPLIES AS NEEDED Presenter: James Melley, Utility Systems Manager Attachments: 1. Resolution 2. Piggyback Contract Background: Council Priority: D. Sustainable Environment and Infrastructure The City of Palm Coast Utility Department has identified the need for electrical parts, based on the City’s standards and the proprietary aspects for lift stations and PEP tank installs within the wastewater collection system. The Utility Department requires priority for replacement of parts and equipment for repairs within the Utility Water and Wastewater System on an as-needed basis. City staff is recommending piggybacking the School Board of Volusia County (ITB-MTS-22- 002LS) with City Electric Supply for the purchase of miscellaneous electrical parts. Piggybacking existing competitively bid contracts is advantageous since the pricing is generally better than what the City could obtain on its own, and the City does not incur the expense and delay of soliciting a bid. City staff will purchase items on an as-needed basis upon City Council approved budgeted funds. Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING PIGGYBACKING THE SCHOOL BOARD OF VOLUSIA COUNTY CONTRACT WITH CITY ELECTRIC SUPPLY FOR THE PURCHASE OF MISCELLANEOUS ELECTRICAL SUPPLIES AS NEEDED 1001 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department WATER AND WASTEWATER Amount AS NEEDED UTILITY Division WASTEWATER Account # MULTIPLE-CITY WIDE USE Subject: RESOLUTION 2023-XX APPROVING PIGGYBACKING SOURCEWELL #091422 CONTRACT WITH MOTION INDUSTRIES, INC., FOR INDUSTRIAL AND BUILDING RELATED SUPPLIES AND EQUIPMENT Presenter: Danny Ashburn, Utility Systems Manager Prese Attachments: 1. Resolution 2. Piggyback Contract Background: Council Priority: D. Sustainable Environment & Infrastructure Wastewater Treatment Operations will utilize this contract to purchase mechanical and electrical parts including motors, gear drives, and various parts such as bearings, seals, and belts needed for the repair and maintenance of process equipment used in the treatment process. City staff is recommending piggybacking Sourcewell Contract # 091422 for Facility MRO, Industrial and Building-Related Supplies, and Equipment Services. City staff is recommending piggybacking Sourcewell (#091422) with Motion Industries, Inc., for industrial and building related supplies and equipment. Piggybacking existing competitively bid contracts is advantageous since the pricing is generally better than what the City could obtain on its own, and the City does not incur the expense and delay of soliciting a bid. City staff will purchase these services using budgeted funds appropriated by City Council. These services will be purchased on an as needed basis. Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING PIGGYBACKING SOURCEWELL #091422 CONTRACT WITH MOTION INDUSTRIES, INC., FOR INDUSTRIAL AND BUILDING RELATED SUPPLIES AND EQUIPMENT 1086 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department WATER AND WASTEWATER Amount AS NEEDED UTILITY Division WASTEWATER Account # 54029082 063000 82001 Subject: RESOLUTION 2023-XX APPROVING MASTER SERVICE AGREEMENTS WITH G.E.M. STONE CONTRACTORS INC., AND SWC CONSTRUCTION INC., FOR THE INSTALLATION OF NEW AND REPLACEMENT PEP TANKS Presenter: Peter Roussell, Utility Deputy Director Attachments: 1. Resolution 2. Project Overview 3. Notice of Intent to Award 4. Draft Contracts (2) Background: Council Priority: D. Sustainable Environment and Infrastructure The Utility department is responsible for all utility infrastructure throughout the City of Palm Coast. Utility’s is responsible to install new single family homesite PEP tanks within ten (10) working days of a builder being site ready for the tank. There has been an increase in new construction in recent years and staff is not able to install all tanks with in-house staffing. In Fiscal Year 2024 it is anticipated new construction activity will continue at current rate. Staff recommends seeking outside contractors to assist in maintaining the City’s level of service. The contractor(s) (2) will assist with new installations as well as replacing failed pep tanks on an as needed basis. City staff advertised ITB-UT-24-07 Installation of New and Replacement PEP Tanks in accordance with the City’s Purchasing Policy. The City received two (2) bids with two (2) bidders, G.E.M. Stone Contractors Inc., and SWC Construction Inc., deemed to be responsible and responsive. The Notice of Intent to Award and project bid overview are attached. Staff recommends City Council approve Master Service Agreements with G.E.M. Stone Contractors Inc. and SWC Construction Inc., to install new and replacement pep tanks and appurtenances. Each Agreement will be a one (1) year initial term with two (2) one (1) year renewal options. The services will be provided on an as needed basis based on demand for new and replacement tanks that exceed available City Utility resources. The Fiscal Year 2024 Budget includes available funding in the Utility Department budget to purchase these services. In addition, expenditures will be within appropriated budgeted 1142 Utility Department funds for each renewal year. Actual expenditures under these contracts will depend on the demand for PEP tank installations and replacements. Recommended Action: ADOPT RESOLUTION 2023-XX APPROVING MASTER SERVICE AGREEMENTS WITH G.E.M. STONE CONTRACTORS INC., AND SWC CONSTRUCTION INC., FOR THE INSTALLATION OF NEW AND REPLACEMENT PEP TANKS 1143 City of Palm Coast, Florida Agenda Item Agenda Date: December 5, 2023 Department FINANCIAL SERVICES Amount Division Account # Subject: REPORTING OF EMERGENCY AND SOLE SOURCE PURCHASES FOR OCTOBER 2023 Presenter: Denise Bevan, City Manager Attachments: 1. Emergency and Sole Source Purchase Report Background: Attached is a list of all emergency and sole source purchases for the month of October 2023, in accordance with Sec. 2.25 of Chapter 2, Article 1 Division 3 of the Code of Ordinances of the City of Palm Coast (Procurement Policy). Recommended Action: FOR REPORTING ONLY - VIA CITY MANAGER COMMENTS 1183

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