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City Council Business Meeting

Regular Meeting

Palm Coast, FL · January 2, 2024

AgendaMinutes

Minutes

City Hall City of Palm Coast 160 Lake Avenue Minutes Palm Coast, FL 32164 www.palmcoastgov.com City Council Business Meeting Mayor David Alfin Vice Mayor Ed Danko Council Member Cathy Heighter Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, January 2, 2024 6:00 PM City Hall - 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. All members were present. 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: City of Palm Coast Created on 1/11/24 38 (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, 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. Joe Runac wished a Happy New Year, discussed a proposed cellphone tower at 7 Clubhouse Drive, safe distance, wireless master plan, non-conforming land, and non-issuance of a special exception. Gina Weiss discussed easements, regulatory requirements, land uses, and comments from the Airport Director at Flagler Executive Airport. Joy Cook, resident of Seminole Woods, discussed prior comments and details of a podcast. Teri Vientrelli, resident of Seminole Woods, discussed flooding issues at her property, efforts by staff thus far, discussions with members of the community, and provided a recommendation for the opportunity to get sandbags. Kandi Stevens, Founder of Flooding in Flagler, spoke of pictures of flooding in Palm Coast, actions and accountability of contractors, building standards, ethics violations, code violations, and conflict of interest. Celia Pugliese, long-time resident of Palm Coast discussed a proposed cellphone tower on 7 Clubhouse Drive, its effect to health and property values, and did not support the tower. Ms. Pugliese also discussed airport air traffic. Darlene Shelley, resident of Hidden Lakes, discussed Commission on Ethics and voting conflicts. City of Palm Coast Created on 1/11/24 39 James (no last name provided) discussed flooding complaints and his experience, turn-off lanes and funding, and was in support of a forensic audit. Steve Carr provided a visual, which has been attached to these minutes, for issues that residents of Florida Park Drive are facing along with the negative effects of traffic and noise pollution. Mr. Carr suggested an Ordinance to protect neighborhoods from excessive traffic. Carol Brassfield discussed elevation of new homes and shared concerns. Ms. Brassfield discussed conflict of interest and asked Mayor Alfin to excuse himself or step down from the decision. Jeremy Davis supported a forensic audit, discussed Council Members in real estate, flood zones, elevation of new builds, and location for proposed apartments. Peter Johnson discussed issues within Palm Coast, out of control flooding, and suggested a moratorium on new builds. Leah Lebarge, resident of Quail Hollow, discussed development in Palm Coast, lack of sidewalks, increased traffic, elevation issues, and asked the Mayor and City Council to look at the situation and consider infrastructure. Ms. Lebarge said she will be looking to see what the reserve study is, what the IDT report is, what the expectations are, and when the items will be taken care of. Robert Myer discussed record number of new homes and developments, car washes, storage units, and urged City Council to plan for the growth. Brian Butka discussed a rehearing on the agenda this evening and asked for the difference between a regular hearing and rehearing. George Mayo discussed previous requests to City Council, demographics within Palm Coast, discussed loneliness with seniors, and asked Council to think about a stand-alone senior center. Additionally, Mr. Mayor discussed fireworks and the disturbance to wildlife and provided a suggestion for a drone show. Dennis McDonald discussed agendas for meetings and City Manager approval, discussed a prior approval of a Harborside Project, and requested exactly what was said between Mr. DeLorenzo, Mr. Livingston, and the other attorney who represented Harborside. Kathy Austrino wished a Happy New Year, discussed a better system to ensure residents are heard on the livestream of the meetings, referenced a conversation overheard, and asked for cognizance of the term ‘stakeholder.’ Kathy(no last name provided), resident of Seminole Woods, discussed flooding and requested a response on her case. Renee Newton asked why only 5 employees are assigned to swale maintenance in a particular area, discussed wait time and income generated from new residents. City of Palm Coast Created on 1/11/24 40 Luis Janeiro, resident of Seminole Woods, discussed elevations of new builds and asked why it seems to be different everywhere you go. Paula Poulin discussed flood zones, 16 cases she filed while a home next door was being built and stated that something needs to be done. Darlene Shelley discussed the December 19th Business Meeting, stated that she sent in a request for a rehearing on the Old Kings Multi-Family item which she had yet to receive a response on. Jonathan (no last name provided) showed a photo to City Council regarding flooding in his back yard, elevation of neighboring properties, and overcrowding on buses especially in Seminole Woods. Anna Eismann shared concern for rapid growth and recent approvals, concern for the types of developments approved, care for roads, and lack of medical care. Paula Poulin discussed emergency veterinary care. James (no last name provided) offered to help with sound system for livestream and discussed the process for completing and closing streets cases. Gina Hall discussed elevation of surrounding homes, city review and response, codes regarding swale grading, and pleaded with Council to stop building. Vice Mayor Danko asked Ms. Bevan for an update on the topic of flooding and changing regulations as discussed in recent weeks. Ms. Bevan provided an update and asked Mr. Cote to provide additional information. Mr. Cote, Director of Stormwater & Engineering, provided case numbers, staff actions, findings, and an update on the technical manual. Council Member Klufas provided a response to public comment to share information related to the necessary geoproximity of cellphone wireless plans and reiterated the critical need. Council Member Pontieri asked residents dealing with flooding to email her and to fill out a comment card. Council Member Pontieri made a motion to stop infill lot building, where foundations have not been poured, for 90 days, at which point, City Council can revisit where the technical manual is in the process. Vice Mayor Danko seconded the motion. Vice Mayor Danko sought to add specificity to the motion and discussed considerations for residents with cleared lots. City of Palm Coast Created on 1/11/24 41 Council Member Heighter discussed a visit with Ms. Brassfield and shared concern for lot elevation. CM Klufas stated that the topic deserves more insight and asked if staff can present the numbers behind what Council is discussing. Council Member Klufas discussed the number of cases and wanted to hear potential solutions from staff. Council Member Pontieri shared details of the motion and proposed action. Mr. Garganese, City Attorney, provided advice on the process, procedure, proper notice, and formal action of the City Council through an Ordinance. Council Member Pontieri asked that the information discussed by Mr. Garganese be brought back to City Council at the next meeting. Ms. Bevan provided the date of the next Business Meeting. Council Member Pontieri asked that the item be brought to City Council on January 16, 2024. Mayor Alfin shared support for the topic to come back to City Council, with the requested details, at the next Business Meeting. Council Member Klufas stated that he is looking for the solutions that rewriting the code, or the additional language and/or modification, would have provided for the cases still pending. The motion was amended to include the details as just discussed. Mayor Alfin stated that there is a general problem here and understands that every single lot has a different issue and slightly custom problems which have to be addressed. Mayor Alfin continued the discussion to state that the solution will end up being many in number. City Council provided consensus on the next steps forward as discussed. Mayor Alfin directed Ms. Bevan to elevate the topic. Public Comment: Kandi Stevens shared support for the motion and supported slow and thoughtful growth. Daniel Seaman, resident of Seminole Woods, agreed with the points and discussion of City Council and provided a recommendation to specifically assign a staff member to review the lots. Robert Myer discussed building several homes and approach to finding a resolution of infill lot elevation. City of Palm Coast Created on 1/11/24 42 Teri Vientrelli shared information from staff regarding infill lot elevation and surrounding lots and concern for rushed efforts from builders over the next few weeks. Melissa Cavalaro, resident of Seminole Woods, discussed case numbers and flooding in her home. Scott Schidel shared support for the action taken by Council and provided a recommendation for seeking outside expertise. Jeremy Davis clarified the case numbers. The motion passed unanimously. E. MINUTES 1. MINUTES OF THE CITY COUNCIL: DECEMBER 19, 2023, BUSINESS MEETING Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter F. ORDINANCES SECOND READ 2. ORDINANCE 2024-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 Attorney Garganese read the title into the record. Jose Papa, Senior Planner, presented the topic to Council. Topics presented included: background, proposed future land use map amendment, transmittal to State agencies, findings, and Planning and Land Development Regulation Board recommendation. Council Member Pontieri referenced Mayor Alfin’s discussed concerns from prior meetings and asked if there are any remaining concerns not addressed. Mr. Hoover, Senior Planner, provided a response regarding the history of the item, neighborhood meeting, and provided a response to concerns raised. Michael Chiumento, on behalf of the applicant, provided details in response to questions from City Council. City of Palm Coast Created on 1/11/24 43 Mr. Bayer, on behalf of Polo Club West Homeowners Association, shared efforts taken to resolve the issues. Mr. Bayer shared concerns and outstanding issues. City Council held lengthy discussion on access, incompatibility, road access, fencing, ability to address the issue during the site plan, and land development code. Mayor Alfin asked the City Attorney if Council can we motion forward with the stipulation that there be an agreement by both counsels that a resolution will take place regarding the fence. Attorney Garganese did not recommend moving forward in that way as the decision for City Council was legislative. Attorney Garganese discussed deferral of authority, requirements to notify the State, and additional considerations. Council Member Pontieri asked Mr. Chiumento to confirm that the prior agreements are binding on future successors as discussed in prior City Council meetings. Mr. Chiumento responded yes and that it is reflected in the proposed agreement. Public Comment: Darlene Shelley, resident of Hidden Lakes, discussed zoning, code, and property rights. Mr. Garganese clarified the item for consideration. Mr. Bayer requested that the item be postponed to the next business meeting and shared concern for outstanding issues. John Duncan thanked Vice Mayor Danko for viewing the property, discussed recent community meetings, concerns for outstanding issues, and asked Council to address the problems. Robert Myer discussed the tough position of City Council and asked City Council to explain their vote to the public. Kara Dickson, resident of Polo Club West, discussed the charter language of Polo Club West and shared frustration with the project. Dennis McDonald discussed property rights and items on the agenda. Christine Krauss discussed a one-acre lot and the responsibility to take care of the lot. Peter Johnson discussed preservation, the project density, kicking the can down the road on the issue, and purpose of the Comprehensive Plan. Laura Biddle, resident of Polo Club West, reiterated the ask of Mr. Bayer for a two-week extension to address outstanding issues. City of Palm Coast Created on 1/11/24 44 Dave Dickson, resident of Polo Club West, discussed a neighborhood meeting and urged Council to postpone the item. Chuck Thome, resident of Polo Club West, discussed the unique community, large oak trees and the view from his home, hoped that the buffer would separate the two communities, and asked for preservation of the trees, buffers, and the community. Tom Brady, shared concern for the project, discussed recent approvals, and maintaining green areas. Ken Zecca, resident of Polo Club West, discussed effects to residents, asked City Council to take the item seriously, traffic congestion at Old Kings Elementary School, and concern for safety. George Mayo discussed the one-acre lot, terms of the agreement as discussed, and encouraged tabling the item. Kathy Austrino discussed the neighborhood meeting and asked Mr. Chiumento to provide details of the changed agreement. Paul Schidel discussed compatibility, density, Comprehensive Plan, and property rights. Scott Schidel, resident of Polo Club West, discussed zoning, compatibility, timing, and referenced an attorney letter on his behalf which has been attached to these minutes. Jessica Matthews, resident of Seminole Woods, shared resident complaints from recent meetings and recommended discussion between the representatives of Polo Club West and the applicant. Bob Addick, resident of Polo Club West, discussed the direction provided in previous City Council meetings, meetings between the developer and residents of Polo Club West, and looked to City Council for assistance. Arthur Higgins read an Ordinance regarding drainage. Lewis Janeiro discussed the City's mission and encouraged making things better for the residents. Scott Schidel discussed a letter from Flagler County and concerns for runoff and discussed a basis for a resolution for all parties. Celia Pugliese stated that the project is not compatible and discussed maximization of land use for any owners. Tom Hudson discussed traffic on Old Kings Road, fence, and urged Council to vote no. Mr. Chiumento provided a response to comments from the public. City of Palm Coast Created on 1/11/24 45 City Council held discussion with Mr. Chiumento and Mr. Bayer on the outstanding items. Council Member Pontieri discussed compatibility and preserving the original PUD. Pass Motion made to postpone to date certain of January 16, 2024, by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter 3. ORDINANCE 2024-XX OLD KINGS VILLAGE REZONING - APPLICATION NO. 5506 Attorney Garganese read the title into the record. Mayor Alfin shared a reminder that the item accompanied the item just heard. Public Comment: Dennis McDonald did not support the item coming forward for consideration. Motion made to postpone to date certain of January 16, 2024, by Vice Mayor Danko and seconded by Council Member Pontieri Approved - 5 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri, Council Member Cathy Heighter 4. ORDINANCE 2024-01 A FLUM AMENDMENT FOR 375+/- ACRE AREA FROM COUNTY DESIGNATION OF RESIDENTIAL LOW DENSITY/RURAL ESTATE AND CONSERVATION TO CITY OF PALM COAST DESIGNATION OF RESIDENTIAL AND CONSERVATION WITH POLICY TO LIMIT DEVELOPMENT TO 850 UNITS Attorney Garganese read the title into the record. Jose Papa, Senior Planner, presented the topic to Council. Topics presented included: background and item for consideration. Council Member Pontieri asked how the land use designation legal description had changed between what was brought to the Planning and Land Development Regulation Board and to City Council for a vote. Mr. Papa responded that there were no changes to the legal description. Additionally, Mr. Papa shared the comment and request from the applicant. Council Member Pontieri asked Mr. Papa if the applicant’s claim is that the “hook” piece, or the JTL property, was not to be included in the planning area. City of Palm Coast Created on 1/11/24 46 Mr. Papa responded that the statement was correct. Council Member Pontieri held discussion on the request, properties subject to land use change, actions by staff, and request for a rehearing based on something that did not occur. City Council held discussion on applicant awareness and proper awareness of both landowners. Public Comment: Mark Stancel, resident of Seminole Woods, discussed lost confidence in City Council, lack of understanding for a rehearing, compliments to Council Member Pontieri and Heighter for supporting the people of the town, prior votes of Council Member Klufas, prior votes of the Mayor on the topic, voting conflicts of interest, and urged the Mayor to listen to the residents. Gina Weis, resident of Quail Hollow, shared concerns for the project and urged Council to evaluate what public services, schools, and infrastructure can support before rushing headlong into approving the project. Mr. Chiumento called a point of order and provided a response to the information presented by City staff. Mr. Chiumento asked that City Council amend the Ordinance to remove JTL and the “hook” piece and approve the Cascades for the 850 units that had been petitioned. Council Member Pontieri called a point of order and provided a response to the comments of Mr. Chiumento. Public comment resumed. Brian Butka discussed applicant signature, language of the code related to a rehearing, timeline of issues raised and obligation for the applicant to discuss the issues during the hearings, lack of new evidence, applicant representation during prior hearings. Mr. Butka stated that the decision was supported by the evidence and that the evidence was consistent with the existing law, that it did not violate any of the applicants due process rights, and that the original decision must stand. Peter Johnson discussed emails received through a public records request between the City staff and Mr. Chiumento as a point of clarification. Mayor Alfin suspended the remaining time of the public speaker. Mr. Johnson continued public comment and discussed City Council response and representation on the behalf of residents. Darlene Shelley, resident of Hidden Lakes, discussed the reason for a rehearing and history of the item. Joy Cook, resident of Seminole Woods, agreed with the comments of Council Member Pontieri, discussed lack of evidence for an error, history of the item, City of Palm Coast Created on 1/11/24 47 email exchanges, notarization of signature, and setting precedence for rehearing. Dennis McDonald discussed comments of Mr. Chiumento, the rehearing process, and recommended reviewing the legalities of the topic. Dimitri Casin resident of Seminole Woods represented his grandparents to share concern for flooding, overwhelmed infrastructure, flooding on sidewalks, traffic on Seminole Woods, and homeowners’ insurance crisis. Celia Pugliese discussed aviation easements for the area of the project. Tom Brady discussed his reasoning for choosing the City of Palm Coast as a place to live, feasibly adding residents, water issues, and urged Council to take a look at the issues and take pride in the decisions. Leah Labarge resident of Quail Hollow discussed contention, responsibility of City Council, and law of prudence. Robert Myer understood the Council's concern for legalities, potential votes, process, and encouraged Council to vote on the item. Tom Hudson spoke on behalf of neighbors in the area to discuss the rehearing and lack of justification for a rehearing, and urged City Council to vote no. Jessica Matthews discussed the process of the item being placed on the agenda, City Council vote to agree to a rehearing without grounds, email exchanges between the applicant and staff, attacks on City staff, error in notifications provided to surrounding residents, recent discussion from Mr. Douglas, and urged City Council to vote no. Dan Seaman discussed the maps presented to the Planning and Land Development Regulation Board, concern for legal matters, prior votes by City Council, concern for infrastructure and emergency services, and recommended receiving advice from the attorney. Kathy Austrino discussed the process, conversations with Mr. Douglas, the "hook" piece as a topic of discussion, and issues that can arise from allowing the rehearing. Victor Rodriguez, resident of Seminole Woods, discussed the history of the item, legal issues, and legality of a rehearing. Donna Stancel, resident of Seminole Woods, thanked Council Member Pontieri for her complete analysis and did not support the item. Bill Cotes, resident of Seminole Woods, discussed the history of the item and did not support a rehearing. Renee Newton discussed prior discussion and votes on the item and return of respect to the public. City of Palm Coast Created on 1/11/24 48 Dan Seaman, responded to earlier comments from Council Member Klufas. Mr. Garganese provided details of a request for rehearing, Mr. Chiumento provided details of the correspondence and request of the applicant. City Council held lengthy discussion on the topic. Motion by Council Member Pontieri to reinstate Council’s approval of the Ordinance on November 7, 2023, limiting the policy to 416 and doing exactly what Council did on that date. Attorney Garganese discussed procedure, authorization, and prior decision by City Council. At 10:41 p.m. the meeting recessed. The meeting resumed at 10:58 p.m. Mayor Alfin discussed City Council policies and procedures regarding extending the meeting past 11 p.m. Mayor Alfin asked City Council to consider renewing the meeting to a time certain on the January 16, 2024, date. City Council each responded to the consideration raised by Mayor Alfin. Motion by Vice Mayor Danko, seconded by Council Member Klufas, to postpone the remaining agenda items to time certain of January 16, 2024. Council Member Pontieri discussed prior situations, the way the question was posed, continuation of the items, and public attendance. The motion failed 3-2. Mayor Alfin looked for a motion to establish time to continue the meeting. Motion by Vice Mayor Danko, seconded by Council Member Heighter, to continue the meeting for 30 minutes. The motion passed unanimously. City Council continued lengthy discussion on the topic. Mayor Alfin asked the applicant if there is a finish line. Mr. Chiumento responded that a finish line is what has been requested, that the JTL “hook” property be removed from the Ordinance. Motion by Council Member Pontieri, seconded by Council Member Heighter to deny the request and revert back to the November 7, 2023, decision. Council held discussion on the motion. The motion failed 4-1. City of Palm Coast Created on 1/11/24 49 Motion by Council Member Klufas, seconded by Vice Mayor Danko, to remove the “hook” parcel and the 416 remains SFR-1 and the preservation remains. Council Member Pontieri referenced the zoning designation and convoluting two issues. Council Member Klufas made an amended motion, seconded by Council Member Pontieri, to remove the “hook” parcel and leave the Comprehensive Plan Amendment with the site-specific policy to limit the development to the 416 units. Attorney Garganese discussed the need for the motion to be opened for public comment. Public Comment: Daniel Seaman encouraged the vote. The applicant did not have any further comments. The motion passed unanimously. Motion by Vice Mayor Danko, seconded by Council Member Klufas, to postpone the remaining agenda items to time certain of January 16, 2024, at 9 a.m. The motion passed unanimously. Council Member Pontieri discussed a letter received from Firefighters’ Union request to present during a workshop. Council Member Pontieri asked for consensus to allow the union to come before City Council at a future workshop to present. City Council Members expressed that they were not aware of the letter referenced. 5. ORDINANCE 2024-XX RENAMING RICHENBACKER DRIVE TO RICKENBACKER DRIVE IN KEEPING WITH CURRENT PRACTICE G. ORDINANCES FIRST READ 6. ORDINANCE 2024-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT AGREEMENT (DA) H. RESOLUTIONS 7. RESOLUTION 2024-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER (DO) City of Palm Coast Created on 1/11/24 50 8. RESOLUTION 2024-XX APPROVING THE ABANDONMENT OF THE STATE ROAD 100 PROPERTY DEVELOPMENT OF REGIONAL IMPACT (DRI) I. CONSENT 9. RESOLUTION 2024-XX APPROVING AN EASEMENT AGREEMENT WITH TECO PARTNERS, INC., FOR FIRE STATION #25 AND THE SOUTHERN RECREATION CENTER 10. RESOLUTION 2024-XX APPROVING PIGGYBACK CONTRACTS WITH VARIOUS VENDORS FOR FLEET RELATED PURCHASES 11. RESOLUTION 2024-XX APPROVING PIGGYBACKING SOURCEWELL CONTRACT #RFP 031121-DAC WITH BEARD EQUIPMENT COMPANY 12. RESOLUTION 2024-XX APPROVING SOURCEWELL STATE OF MINNESOTA CONTRACT RFP #042821 WITH ORKIN, LLC FOR PEST CONTROL SERVICES 13. RESOLUTION 2024-XX APPROVING PIGGYBACKING SOURCEWELL CONTRACT WITH C-WINN, INC., (SNAP-ON TOOLS) FOR FLEET TOOLS AND SUPPLIES AS NEEDED 14. RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH ODYSSEY MFG. COMPANY TO PROVIDE AND INSTALL NEW ODOR CONTROL UNIT FOR OLD KINGS ROAD PUMP STATION J. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. K. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA L. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA M. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA N. ADJOURNMENT The meeting was adjourned at 11:23 p.m. Respectfully submitted by: Kaley Cook, CMC, FCRM City Clerk City of Palm Coast Created on 1/11/24 51 "UUBDINFOUTUPUIF+BOVBSZ  $JUZ$PVODJM.JOVUFT 52 53 54 55

Agenda

City Hall City of Palm Coast 160 Lake Avenue Agenda Palm Coast, FL 32164 www.palmcoastgov.com City Council Business Meeting Mayor David Alfin Vice Mayor Ed Danko Council Member Cathy Heighter Council Member Nick Klufas Council Member Theresa Pontieri Tuesday, January 2, 2024 6:00 PM City Hall - Community Wing City Staff Denise Bevan, City Manager 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 City of Palm Coast Created on 12/16/23 1 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. E. MINUTES 1. MINUTES OF THE CITY COUNCIL: DECEMBER 19, 2023, BUSINESS MEETING F. ORDINANCES SECOND READ 2. ORDINANCE 2024-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 3. ORDINANCE 2024-XX OLD KINGS VILLAGE REZONING - APPLICATION NO. 5506 4. ORDINANCE 2024-XX A FLUM AMENDMENT FOR 375+/- ACRE AREA FROM COUNTY DESIGNATION OF RESIDENTIAL LOW DENSITY/RURAL ESTATE AND CONSERVATION TO CITY OF PALM COAST DESIGNATION OF RESIDENTIAL AND CONSERVATION WITH POLICY TO LIMIT DEVELOPMENT TO 850 UNITS 5. ORDINANCE 2024-XX RENAMING RICHENBACKER DRIVE TO RICKENBACKER DRIVE IN KEEPING WITH CURRENT PRACTICE City of Palm Coast Created on 12/16/23 2 G. ORDINANCES FIRST READ 6. ORDINANCE 2024-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT AGREEMENT (DA) H. RESOLUTIONS 7. RESOLUTION 2024-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER (DO) 8. RESOLUTION 2024-XX APPROVING THE ABANDONMENT OF THE STATE ROAD 100 PROPERTY DEVELOPMENT OF REGIONAL IMPACT (DRI) I. CONSENT 9. RESOLUTION 2024-XX APPROVING AN EASEMENT AGREEMENT WITH TECO PARTNERS, INC., FOR FIRE STATION #25 AND THE SOUTHERN RECREATION CENTER 10. RESOLUTION 2024-XX APPROVING PIGGYBACK CONTRACTS WITH VARIOUS VENDORS FOR FLEET RELATED PURCHASES 11. RESOLUTION 2024-XX APPROVING PIGGYBACKING SOURCEWELL CONTRACT #RFP 031121-DAC WITH BEARD EQUIPMENT COMPANY 12. RESOLUTION 2024-XX APPROVING SOURCEWELL STATE OF MINNESOTA CONTRACT RFP #042821 WITH ORKIN, LLC FOR PEST CONTROL SERVICES 13. RESOLUTION 2024-XX APPROVING PIGGYBACKING SOURCEWELL CONTRACT WITH C- WINN, INC., (SNAP-ON TOOLS) FOR FLEET TOOLS AND SUPPLIES AS NEEDED 14. RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH ODYSSEY MFG. COMPANY TO PROVIDE AND INSTALL NEW ODOR CONTROL UNIT FOR OLD KINGS ROAD PUMP STATION J. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. K. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA L. DISCUSSION BY CITY ATTORNEY OF MATTERS NOT ON THE AGENDA M. DISCUSSION BY CITY MANAGER OF MATTERS NOT ON THE AGENDA City of Palm Coast Created on 12/16/23 3 N. ADJOURNMENT 15. AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 12/16/23 4 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: DECEMBER 19, 2023, BUSINESS MEETING Presenter: Kaley Cook, City Clerk Attachments: 1. Minutes Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: DECEMBER 19, 2023, BUSINESS MEETING 5 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2024-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. Presentation 2. Ordinance 3. Staff Report 4. Location Map 5. Business Impact Estimate Background: This is a legislative item. UPDATED BACKGROUND FROM THE DECEMBER 5, 2023, BUSINESS MEETING: City Council held lengthy discussion on this item with the applicant and residents at the December 5, 2023, Business Meeting. At the Business Meeting, the applicant requested that the item be continued to time certain of January 2, 2024. 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. 19 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). 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 20 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 21 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2024-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. Environmental Report 7. Traffic Impact Study Methodology 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 DECEMBER 5, 2023, BUSINESS MEETING: City Council held lengthy discussion on this item with the applicant and residents at the December 5, 2023, Business Meeting. At the Business Meeting, the applicant requested that the item be continued to time certain of January 2, 2024. 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 48 Steeplechase Trail. The 84 +/- acre PUD also included a 21 +/- acre preserve parcel that was located about ¼ mile east of the subject site. 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) 49 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2023-XX A FLUM AMENDMENT FOR 375+/- ACRE AREA FROM COUNTY DESIGNATION OF RESIDENTIAL LOW DENSITY/RURAL ESTATE AND CONSERVATION TO CITY OF PALM COAST DESIGNATION OF RESIDENTIAL AND CONSERVATION WITH POLICY TO LIMIT DEVELOPMENT TO 850 UNITS Presenter: Jose Papa, AICP, Senior Planner Attachments: 1. Presentation 2. Ordinance 3. Request for Rehearing 4. Email 5. Staff Report 6. Location Map 7. Current FLUM 8. Current Zoning Map 9. Proposed FLUM 10. Business Impact Estimate Background: This is a legislative item. BACKGROUND FOR REHEARING OF AGENDA ITEM: On November 7, 2023, City Council took action on a Future Land Use Map (FLUM) Amendment and Zoning Map amendment for 375+/- acres of property along Seminole Woods Blvd. The property is commonly referred to as “The Cascades”. At the City Council meeting, the Council voted 3-1 to approve the proposed FLUM Amendment with a site specific policy to limit development to 416 dwelling units. This adopted amendment was transmitted to the State Land Planning Agency (Dept. of Commerce). On November 17, 2023, Mr. Michael D. Chiumento III, by e-mail, as authorized agent for JTL Grand Landings Development, LLC (JTL) filed a motion for rehearing regarding the agenda item. The Motion for Rehearing was sent, in a timely manner. (Motion for Rehearing attached) On Dec. 19, 2023, City Council at a business meeting granted, by a 3-1 vote, the request to rehear the agenda item. UPDATED BACKGROUND FROM THE SEPTEMBER 19, 2023, BUSINESS MEETING: City Council heard the first reading of this item at their September 19, 2023, Business Meeting. Staff transmitted the proposed Comprehensive Plan amendment to various State agencies for review. There were no comments or objections to the proposed amendment. 107 ORIGINAL BACKGROUND FROM THE SEPTEMBER 19, 2023, BUSINESS MEETING: The subject area of this amendment is a total 375.6+/- acre site located 3 miles south of State Road 100 on the westside of Seminole Woods Blvd. The application includes a proposed Future Land Use Map (FLUM) amendment for recently annexed 330.8+/- acre area (which was adopted by City Council at their August 15, 2023, meeting) from its current Flagler County designations of Residential Low Density/Rural Estate and Conservation to City of Palm Coast designations of Residential and Conservation. There is an additional 44.8+/- acre parcel with a current designation of City Residential that will be part of the Cascades Planning Area and will be subject to a site-specific policy to limit development in the Planning Area to 850 dwelling units. In addition to the Comprehensive Plan Amendment, there is a companion zoning map amendment for the subject area to amend the current Flagler County designations of Planned Unit Development, & New Rural Communities to City of Palm Coast designation of Single Family Residential-1, Multi-Family Residential-2, and Preservation. In 2005 (while the entire subject area was within unincorporated Flagler County), the FLUM designation for the Cascades was amended to its current Flagler County designations of Residential Low Density/Rural Estate and Conservation. After approval of the FLUM amendment a PUD Agreement was approved by Flagler County in 2005 (called the Cascades at Grand Landings). The PUD agreement covered an area of 696+/- acres and permitted 416 single-family residential units along with 20,000 sq. ft. clubhouse and other recreational amenities. As part of the FLUM and PUD agreement approval, approximately 354 acres of mainly wetlands and environmentally sensitive areas was transferred to Flagler County in 2005. No development commenced within the Cascades PUD area. 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-416 dwelling units) against the proposed potential development (850 dwelling units) to determine impacts on public facilities and infrastructure. The proposed amendment will have an increase 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. A small section of the subject area is within Flood Zone A, any development within this area will require compensatory storage within the same defined floodplain’s hydrologic sub basin as the placement of the fill pursuant to section 10.02.11B Land Development Code. There are no other identifiable impacts to the environmental and cultural resources in the subject area as analyzed in the staff report. 108 Finally, it is important to note that the proposed amendment will designate 67+/- acres as Conservation on the FLUM. This is consistent with Comprehensive Plan Policies 6.1.9.9 and 6.1.10.6, all optimal quality wetlands that are larger than 10 acres or are connected to a system that is larger than 10 acres are to be designated as Conservation on the Future Land Use Map.  Compatibility with surrounding land uses. The proposed FLUM designations are generally consistent with the surrounding properties. Finally, the proposed amendment is consistent with comprehensive plan policies regarding:  Directing development where existing infrastructure is available, and  Designation of wetland systems and other environmentally sensitive land as Conservation on the FLUM. Planning and Land Development Regulation Board (PLDRB) Public Hearing The PLDRB held a public hearing on August 20 regarding this application. Members of the public spoke to express concerns about stormwater impacts and buffering from potential multi-family development. A PLDRB Board member spoke regarding concerns about the increase in impact from the proposed development. The PLDRB voted 4-1 to recommend approval of the proposed amendment. Recommended Action: THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD (PLDRB) FINDS APPLICATION NO. 5109 CONSISTENT WITH THE COMPREHENSIVE PLAN AND RECOMMENDS THAT CITY COUNCIL APPROVE THE FLUM AMENDMENT FROM RESIDENTIAL LOW DENSITY/RURAL ESTATE & CONSERVATION (FLAGLER COUNTY DESIGNATIONS) TO RESIDENTIAL & CONSERVATION (CITY OF PALM COAST DESIGNATIONS). ALONG WITH A SITE-SPECIFIC POLICY TO LIMIT DEVELOPMENT ON THE SUBJECT AREA TO 850 DWELLING UNITS 109 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2024-XX RENAMING RICHENBACKER DRIVE TO RICKENBACKER DRIVE IN KEEPING WITH CURRENT PRACTICE Presenter: Virginia Smith, Land Management Administrator Attachments: 1. Presentation 2. Ordinance 3. Business Impact Estimate Background: This is a legislative item. UPDATED BACKGROUND FROM THE DECEMBER 19, 2023, BUSINESS MEETING: City Council heard the first reading of this item at the December 19, 2023, Business Meeting. There have been no changes to this item. ORIGINAL BACKGROUND FROM THE DECEMBER 19, 2023, BUSINESS MEETING: Pursuant to Section 335.01, Florida Statutes, all roads which are open and available for use by the public and dedicated for public use are established as public roads. The street name Rickenbacker Drive has been in use for at least 20 years by property owners, the City of Palm Coast, the U.S. Postal Service, and on file with the Flagler County Property Appraisers and Tax Collector’s Office. The plat recorded in Map Book 10 Page 43-53 identifies the street as Richenbacker Drive, and the City would like to rename the street Rickenbacker Drive in keeping with current practice. The City Council of the City of Palm Coast hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Palm Coast, Florida. Pursuant to Section 166.041(4), Florida Statutes, a business impact estimate regarding this proposed ordinance has been prepared, is attached to this agenda item and has been posted to the City’s website. Staff recommends approval of renaming Richenbacker Drive to Rickenbacker Drive in keeping with the current practice. Recommended Action: ADOPT ORDINANCE 2024-XX RENAMING RICHENBACKER DRIVE TO RICKENBACKER DRIVE IN KEEPING WITH CURRENT PRACTICE 166 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department COMMUNITY DEVELOPMENT Amount Division Account # Subject: ORDINANCE 2024-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. Presentation 2. Ordinance 3. Town Center PUD 4. Summary of Amendments 5. Staff Report 6. Business Impact Statement 7. 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, 171  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:  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 172 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department COMMUNITY DEVELOPMENT Amount Division Account # Subject: RESOLUTION 2024-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. Presentation 2. Resolution 3. Summary of Amendment 4. Staff Report 5. FLUM 6. Zoning Map 7. 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. 288 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. 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 289 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. 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 290 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2024-XX APPROVING THE ABANDONMENT OF THE STATE ROAD 100 PROPERTY DEVELOPMENT OF REGIONAL IMPACT Presenter: Phong Nguyen, Senior Planner Attachments: 1. Presentation 2. Resolution 3. Notice of Abandonment of SR 100 Property DRI 4. Owner Request and City Attorney Review 5. Florida State Statutes 380.06 Background: This is a legislative item. The City of Palm Coast received a request by the owner on October 2, 2023, to abandon the SR 100 Property Development of Regional Impact (DRI) and its associated development order. Since there was no development activity under the DRI which was approved in 2006, 2007amendments, there is no mitigation that needs to be confirmed. On July 18, 2023, the City of Palm Coast City Council approved the Coquina Shores Master Plan Development Agreement; therefore, as of its effective date, the MPD Agreement governs all development of the SR 100 Property land. The MPD Agreement has superseded and replaced the DRI in its entirety and contemplated abandonment of the DRI. The process for abandoning a DRI is outlined in Florida Statutes 380.06(11) which requires a local government to file notice of the abandonment with the clerk of the circuit court in which the DRI is located. A DRI abandonment is only required to be heard by the City Council and the notice can be adopted by a simple resolution. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE ABANDONMENT OF THE STATE ROAD 100 PROPERTY DEVELOPMENT OF REGIONAL IMPACT 324 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department CONSTRUCTION MANAGEMENT Amount & ENGINEERING Division ENGINEERING Account # Subject: RESOLUTION 2024-XX APPROVING AN EASEMENT AGREEMENT WITH TECO PARTNERS, INC., FOR FIRE STATION #25 AND THE SOUTHERN RECREATION CENTER Presenter: Carl Cote, Director of Stormwater & Engineering Attachments: 1. Resolution 2. Map Background: Council Priority: B. Safe and Reliable Services The City is currently constructing Phase 1 of the Southern Recreation Center, which consists of a new 2-story clubhouse building and expanding court system to include covered pickleball courts with solar array. The Regional Racquet Center is located adjacent to Fire Station 25 and the under-construction Lehigh Trailhead dog park on Belle Terre Parkway. On March 9, 2021, City Staff presented to City Council the Master Plan for the Southern Recreation Center. Phase 1 includes a 2-story clubhouse building with a total of 9,935 square feet (sf) with an additional 2,635 sf of covered terraces and pickleball courts. The clubhouse building will include staff offices, a retail sales area, a full kitchen, indoor and outdoor bar areas, an exercise room, a multi-purpose room, and upper-level food prep room. Easement(s) are required to install a natural gas line to the Fire Station #25 and the Southern Recreation Center. City Staff recommends approving easement(s) with Teco Partners, Inc., to provide gas services to the proposed facilities. This item is consistent and in-line with the City Council’s goal to evaluate the evolution of the City of Palm Coast Recreation and Parks Facilities Master Plan. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING AN EASEMENT AGREEMENT(S) WITH TECO PARTNERS, INC., FOR FIRE STATION #25 AND THE SOUTHERN RECREATION CENTER 353 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department PUBLIC WORKS Amount AS NEEDED PER APPROVED BUDGET Division FLEET Account # 65010071-052000, 65010071- 046000,65010071- 064000 Subject: RESOLUTION 2024-XX APPROVING MULTIPLE PIGGYBACK CONTRACTS TO UTILIZE PRICING FOR VARIOUS FLEET-RELATED PURCHASES Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Contracts (7) are available in the City Clerk’s Office for review Background: Council Priority: A. Strong Resilient Economy As per Ordinance 2021-23, Sec. 2-26, City Council approval shall be required for all contracts and bid awards, piggybacking awards, and sole source awards with an estimated value greater than or equal to fifty thousand dollars ($50,000.00). The City of Palm Coast Fleet Division intends to leverage the contracts listed herein for the purchase of supplies, services, and equipment. City staff will make purchases on an as- needed basis using budgeted funds appropriated by City Council. Vendor Contract Jet-Vac Equip Co. FSA23-EQU21.0 Florida Sheriff's Association Texas Trailer FSA23-EQU21.0 Florida Sheriff's Association Ring Power/CAT FSA23-EQU21.0 Florida Sheriff's Association Great Southern Equip Inc.FSA23-EQU21.0 Florida Sheriff's Association Nextran Truck Centers FSA23-VEH21.0 Florida Sheriff's Association Duval Ford FSA23-VEH21.0 Florida Sheriff's Association Cumberland International FSA23-VEH21.0 Florida Sheriff's Association Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING MULTIPLE PIGGYBACK CONTRACTS TO UTILIZE PRICING FOR VARIOUS FLEET-RELATED PURCHASES 357 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department PUBLIC WORKS Amount Over $50K Division Account # 65016056-064000 Subject: RESOLUTION 2024-XX APPROVING PIGGYBACKING SOURCEWELL CONTRACT #RFP 031121-DAC WITH BEARD EQUIPMENT COMPANY Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Quote 3. Contract Background: Council Priority: A. Strong Resilient Economy Staff is seeking City Council approval to piggyback Sourcewell-Deere & Company Contract #RFP 031121-DAC with Beard Equip Co to purchase (2) John Deere 2700 Precision Cut Triplex Mowers. The Fleet department has a chance to purchase these two mowers which would finally close out the FY22 order. The mowers are 2024 demo units with less than 50 hours, full warranty, and immediate availability. The original order for the mowers was placed over two years ago with Wesco Turf and they cannot tell us when or if they will ever be able to fill the order due to manufacturing supply chain issues. The current mowers are run down and need to be replaced without further delay. The original FY22 budgeted purchase orders 20220094 $49,470.00 and 20220096 $49,470.00 are now closed and those funds will transfer to 65016056-064000 for the purchase. Source of Funds Worksheet FY 2024 FLGOLF MACHINERY & EQUIPMENT OVER $5K $156,731.00 Total Expended/Encumbered to Date $142,035.74 Unencumbered Fiscal Year 2022 Original Pos $98,940.00 Transfer $1,279.62 Current (WO/Contract) $114,914.88 Balance $0.00 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING PIGGYBACKING SOURCEWELL CONTRACT #RFP 031121-DAC WITH BEARD EQUIPMENT COMPANY 360 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department PUBLIC WORKS Amount AS NEEDED PER APPROVED BUDGET Divisions Account #s 65035012-034000, 65035012-034000- 99042 Subject: RESOLUTION 2024-XX APPROVING SOURCEWELL STATE OF MINNESOTA CONTRACT RFP #042821 WITH ORKIN, LLC FOR PEST CONTROL SERVICES Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Executive Summary Background: Council Priority: B. Safe & Reliable Services The City of Palm Coast’s Public Works department is seeking approval to piggyback Sourcewell State of Minnesota’s Contract RFP #042821 with Orkin, LLC for scheduled and as needed pest control services. As per Ordinance 2021-23, Sec. 2-26, City Council approval shall be required for all contracts and bid awards, piggybacking awards, and sole source awards with an estimated value greater than or equal to fifty thousand dollars ($50,000.00). Benefits of Piggybacking: Piggybacking the contract will allow the City of Palm Coast to maintain the grounds of City facilities with pest mitigation and control. Piggybacking also offers the advantage of obtaining better pricing compared to independently soliciting bids. By piggybacking this contract, the City of Palm Coast can continue to benefit from competitive pricing and streamlined procurement processes. Improved safety will also be another benefit, as pest infestations pose health hazards and can even damage the integrity of a facility. City employees will also maintain increased workplace comfort and productivity as pests such as insects and bugs will be under control. Contract Details: The piggybacked contract will be effective from the approved date through June 18, 2025, with 1 additional 1-year renewal. The piggyback contract with Orkin, LLC is based on a per unit price basis. Purchases will be made on an as-needed basis using budgeted funds appropriated by the City Council. 408 Funding: City staff will make purchases on an as-needed basis using budgeted funds appropriated by City Council. The Fiscal Year 2024 budget includes available funding in the City's Facilities Maintenance and Facilities Fire budgets to cover the costs of pest control services. Additional funding details are included on the Source of Funds Worksheet below: Source of Funds Worksheet FY 2024 Facilities Maintenance - Other Contractual Services Fund 65035012-034000 $877,031.00 Total Expended/Encumbered to Date $693,550.37 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $6,000.00 Balance $177,480.63 Facilities Fire - Other Contractual Services Fund 65035012-034000-99042 $32,000.00 Total Expended/Encumbered to Date $5,069.99 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $3,000.00 Balance $23,930.01 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING SOURCEWELL STATE OF MINNESOTA CONTRACT RFP #042821 WITH ORKIN, LLC FOR PEST CONTROL SERVICES 409 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department PUBLIC WORKS Amount AS NEEDED PER APPROVED BUDGET Division FLEET Account # 65010071-052000 Subject: RESOLUTION 2024-XX APPROVING PIGGYBACKING SOURCEWELL CONTRACT WITH C-WINN, INC., (SNAP-ON TOOLS) FOR FLEET TOOLS AND SUPPLIES AS NEEDED Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Contract Background: Council Priority: A. Strong Resilient Economy As per Ordinance 2021-23, Sec. 2-26, City Council approval shall be required for all contracts and bid awards, piggybacking awards, and sole source awards with an estimated value greater than or equal to fifty thousand dollars ($50,000.00). Staff is seeking City Council approval to change the price of the contract to over $50K with C-Winn, Inc., (Snap-On Tools) for the purchase of goods over $50k to include tools and supplies for City fleet truck maintenance and repair. City staff will make purchases on an as- needed basis using budgeted funds appropriated by City Council. The Fleet department tackles some of the biggest challenges when it comes to truck maintenance and repair. CWinn (Snap-On Tools) offers specialty tools and supplies designed specifically for heavy duty applications in which we are predicted to spend over 50k over the life of the contract expiring on April 13, 2024, with one renewal option. Source of Funds Worksheet FY 2024 FLEET FUND MACHINERY & EQUIPMENT OVER $5K 65010071-052000 $735,400.00 Total Expended/Encumbered to Date $604,934.93 Pending Work Order/Contracts $0.00 Current (WO/Contract) $0.00 Balance $130,465.07 460 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING PIGGYBACKING SOURCEWELL CONTRACT WITH C-WINN, INC., (SNAP-ON TOOLS) FOR FLEET TOOLS AND SUPPLIES AS NEEDED 461 City of Palm Coast, Florida Agenda Item Agenda Date: January 2, 2024 Department WASTEWATER Amount $169,950.00 Division UTILITY Account # 54029082 063000 85003 Subject: RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH ODYSSEY MFG. COMPANY TO PROVIDE AND INSTALL NEW ODOR CONTROL UNIT FOR OLD KINGS ROAD PUMP STATION Presenter: James Melley, Utility Systems Manager Attachments: 1. Resolution 2. Intent to Award 3. Project Overview 4. Draft Contract Background: Council Priority: D. Sustainable Environment & Infrastructure The City of Palm Coast Wastewater Pumping Department operates a master wastewater pump station (OK-R) located at 3795 Old Kings Road in Palm Coast. The pump station needs to have a new odor control unit installed to be able to keep up with the increasing levels of odors being produced from the incoming wastewater flows. City staff advertised ITB-UT-21-14 to provide and install a new odor control unit for the OK-R pump station in accordance with the City’s Purchasing Policy. The project bid overview and notice of intent to award are attached. Staff recommends City Council approve a Master Services Agreement with Odyssey Mfg. Company to provide and install new odor control unit for OK-R pump station. The contract shall terminate at the end of one (1) year. City staff will obtain these services using budgeted funds appropriated by City Council. The Fiscal Year 2024 Budget includes funds within the Utilities budget to purchase these services. SOURCE OF FUNDS WORKSHEET FY 2024 IMPR-LIFT STATION REPLACEMENT 54029082 063000 85003 $665,000.00 Total Expended/Encumbered to Date $36,896.72 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $169,950.00 Balance $458,153.28 503 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH ODYSSEY MFG. COMPANY TO PROVIDE AND INSTALL NEW ODOR CONTROL UNIT FOR OLD KINGS ROAD PUMP STATION 504

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