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City Council Business Meeting

Regular Meeting

Palm Coast, FL · February 6, 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, February 6, 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 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 6:01 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 Heighter was absent. D. PROCLAMATIONS AND PRESENTATIONS 1. PROCLAMATION - THE WEEK OF FEBRUARY 15, 2024, AS WELCOME TO THE NEIGHBORHOOD WEEK City of Palm Coast Created on 2/15/24 21 Mayor Alfin presented the Proclamation to Brian McMillan, owner of the Palm Coast Observer. Mr. McMillan shared comments. 2. PRESENTATION - ANNUAL HEALTH AND SAFETY EMPLOYEE CALENDAR Carol Mini, Urban Forester, presented the topic to Council. Pete Roussell, Deputy Director of Utility, provided the awards to winners. E. 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, 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 provided the rules and procedures of public comment. Mayor Alfin asked Ms. Bevan to provide an update on items. Ms. Bevan provided an update on infill lots and implementation of technical manual changes, forensic audit, and Utility Rate study. Robert MacDonald discussed the participation of the recent Tunnel to Towers event, shared stories about Mayor Alfin and prior events, and provided his medal to Mayor Alfin. City of Palm Coast Created on 2/15/24 22 Jeffrey Seib discussed rate of growth, needed road repairs, traffic, areas suffering from inattention, and suggested that the City immediately impose a damage recovery fee on all home construction permits or impact charges. Ken McDowell provided a reminder regarding Government Ethics. Bruce Stone discussed flooding and traffic. Joe Runac shared gratitude for an email received regarding a withdrawal of special exception from Diamond Communications. Mr. Runac thanked Ms. Schaefer and Ms. Lens. Daniel Hackeny, representative of Palm Coast Professional Firefighters, discussed an impasse between the Firefighter’s Union and City Administration and requested assistance with scheduling a public hearing. Celia Pugliese discussed cellphone tower location, drainage, and code of Ordinances. Candace Stevens discussed a traffic study, traffic claiming measures, flags on her street, citizen's advisory board, and suggested making decisions with hand, head, and heart. Steve Verrier was opposed to any increases to the water bill, shared support for residents dealing with flooding, and discussed excessive speeding on Cimmaron Drive. Nathan Phelps discussed the history of the topic of backyard chickens, asked Council to reconsider the topic, and provided response to prior Council comments. Rose Chumaceiro discussed swales and a forensic audit. Jeremy Davis thanked Council Member Pontieri for assistance, discussed problems with swales, and flooding at his home. Steve Carr discussed traffic on Florida Park Drive. Mara Wuerth discussed swale maintenance, construction trash, commitments made by builders, disregard for City building regulations, and response to Stormwater proposed changes. Nathan Phelps discussed flooding, swales, deforestation problem, slowing building, and care for residents. Marilynn Mack discussed living in a construction zone, lack of resolution for infill lot problems at her home, discussed her professional experience, asked who is running the City and provided suggestions to notify surrounding residents on new builds. City of Palm Coast Created on 2/15/24 23 Candace Stevens discussed salaries, certificate of occupancy, asked about Stormwater funds and expenditures, and asked for a date of the last swale maintenance on Point Pleasant. Vice Mayor Danko asked for information related to the comments of Mr. Hackney. Ms. Bevan provided a response on the next steps. Attorney Garganese provided details regarding Statutory Processes, definition of terms, and outlined next steps. Council Member Klufas asked if there are any concerns for the budgetary process. Ms. Bevan responded no. Council Member Pontieri asked for an update on a certificate of occupancy on Praver Lane. Mr. DeLorenzo, Chief of Staff, provided a brief response. Council Member Pontieri provided response to public comments and asked citizens to email her if they have not received a response. Council Member Klufas asked for additional details of the reasoning for the recent withdrawal of a cellphone tower application. Mr. DeLorenzo provided a response. F. MINUTES 3. MINUTES OF THE CITY COUNCIL: JANUARY 16, 2024, BUSINESS MEETING Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Klufas Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri G. ORDINANCES SECOND READ 4. ORDINANCE 2024-07 AMEND THE BOUNDARIES OF THE LANDINGS COMMUNITY DEVELOPMENT DISTRICT (CDD) - APPLICATION NO. 5560 Attorney Garganese read the title into the record. City of Palm Coast Created on 2/15/24 24 Phong Nguyen, Senior Planner, provided a brief presentation to Council. Topics presented included: area, update from the December 5, 2023, hearing, and recommendation. The applicant’s representative was available for questions. Council Member Pontieri thanked staff for the update to the application. Mayor Alfin asked staff to provide the benefits of a Community Development District. Mr. Nguyen provided the benefits. Public Comment: Leslie Johnson asked if the residents will stay within the Community Development District boundaries, discussed use of infrastructure, and asked for details of the traffic study. Celia Pugliese agreed with the comments of Ms. Johnson and discussed impact fees and fees paid versus expenses of the City. Jeremy Davis discussed conflict of interest, campaign contributions, and overcrowding. Council Member Pontieri asked for information related to impact fees. Mr. Tyner and Mr. DeLorenzo provided a response. Council Member Klufas discussed additional clarification into transparency for what kinds of impact fees are collected. Pass Motion made to be adopted on second reading by Council Member Klufas and seconded by Vice Mayor Danko Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Cathy Heighter 5. ORDINANCE 2024-08 AN AMENDMENT TO THE TOWN CENTER AT PALM COAST PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT AGREEMENT (DA) Attorney Garganese read the title into the record and called for any ex parte communications. Mr. Tyner provided a brief background of the item and addition of language. The applicant was available for questions. Mr. Chiumento, on behalf of the applicant, provided an overview of the item and shared the intent of the amendment. City of Palm Coast Created on 2/15/24 25 Klufas shared support for the project and stated that this is a tremendous addition to the quality of business that can be added. Council Member Pontieri thanked staff and the applicant for bringing the intent of Town Center back to life. Council Member Pontieri asked about conversions. Mr. Tyner provided a response. Public Comment: Jeremy Davis discussed conflict of interest and campaign contributions. Candace Stevens discussed Community Development Districts and board of directors. Nathan Phelps discussed increase in residents, conflict for residents losing value in their properties, oversaturated market, and rezoning. Celia Pugliese discussed types of builds occurring, asked for an update on MedNexus and follow up on investments, discussed homelessness. Rose Chumaceiro shared concern for development, discussed a recent article, unemployment in Flagler County, and supporting the City with high paying jobs. Marilyn Mack discussed apartments in town center and an assigned police officer. Leslie Johnson discussed Douglas Properties and their serving on the CDD Board of Supervisors. Council Member Pontieri asked staff to speak to conversions. Mr. Tyner provided a response. Council Member Klufas provided an update on simulations lab funding. Pass Motion made to be adopted on second reading by Vice Mayor Danko and seconded by Council Member Klufas Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Cathy Heighter H. ORDINANCES FIRST READ 6. ORDINANCE 2024-XX AMENDING CHAPTER 4, SECTION 4.01, SUBSECTION 4.01.04, OF THE UNIFIED LAND DEVELOPMENT CODE OF THE CITY OF PALM COAST City of Palm Coast Created on 2/15/24 26 Attorney Garganese read the title into the record. Barbara Grossman, Code Enforcement Manager, presented the topic to Council. Topics presented included: topics to be discussed, legal guidance, safety and riparian rights, freshwater canals, saltwater canals, examples, and Planning and Land Development Regulation recommendation. City Council held discussion on the following topics: regulation of vessels, fixtures, navigability, permitted regulations, Florida Statutes and FDEP, feet that are allotted, and docking issues. Attorney Garganese shared a response on the proposed Ordinance and Florida Statutes. Public Comment: Celia Pugliese highlighted the excellence of Ms. Grossman and supported the Ordinance. Steve Gerrish shared concern for the Ordinance and compliance issues. George Mayo encouraged the City to work with the Flagler County Sheriff for additional compliance review and provided suggestions for violations. Council Member Pontieri asked if there is a way to regulate navigability through the Land Development Code. Ms. Grossman provided a response. Mayor Alfin asked Mr. Grossman to briefly restate staff’s opinion. Pass Motion made to be approved on first reading by Vice Mayor Danko and seconded by Council Member Klufas Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri I. RESOLUTIONS 7. RESOLUTION 2024-21 APPROVAL OF A CHANGE ORDER WITH CUSTOM BUILT MARINE CONSTRUCTION, INC., AND APPROVAL OF EXPENSES RELATED TO AN INCREASE IN PROJECT SCOPE Attorney Garganese read the title into the record. Carl Cote, Director of Stormwater & Engineering, presented the topic to Council. Topics presented included: Maintenance Operations Center and Strategic Action Plan items, master plan, project implementation, cost saving measures, and funding and Council actions. City of Palm Coast Created on 2/15/24 27 Council Member Pontieri shared concern for the amount of money and asked what kind of delay could be expected. Mr. Cote provided a response. Public Comment: Celia Pugliese discussed funds spent on the London Waterway, westward expansion, and funds used from the General Fund. Jeremy Davis agreed with the comments of the prior speaker and discussed fund expenditures. Mayor Alfin asked Mr. Cote to generalize the impact that this item has on the infrastructure as a whole. Mr. Cote provided a response. Pass Motion made to approve by Council Member Klufas and seconded by Vice Mayor Danko Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri 8. RESOLUTION 2024-23 APPROVAL OF A FLORIDA DEPARTMENT OF TRANSPORTATION STATE-FUNDED GRANT AGREEMENT FOR MATANZAS WOODS PARKWAY EXTENSION WEST PHASE TWO PROJECT Attorney Garganese read the title into the record. Mr. Cote, Director of Stormwater & Engineering, presented the topic to Council. Topics presented included: background of the item, project status, grant agreement, and Council action. Council Member Pontieri discussed the grant amount and funding. Public Comment: There were none. Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Klufas Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Theresa Pontieri 9. RESOLUTION 2024-00 APPROVAL OF A DEPOSIT WITH FLORIDA POWER AND LIGHT FOR A DESIGN AND COST ESTIMATE FOR THE RELOCATION OF City of Palm Coast Created on 2/15/24 28 TRANSMISSION FACILITIES FOR THE MATANZAS WOODS PARKWAY EXTENSION WEST PHASE TWO PROJECT Attorney Garganese read the title into the record. Carl Cote, Director of Stormwater & Engineering, provided a background of the item. Council Member Pontieri referenced a letter from FPL and provided a response. City Council held discussion on the topic and potential steps forward. Mr. Cote provided a response to Council questions. Mayor Alfin stated that he would be happy to share Council’s dissatisfaction with FPL. Council concurred. Public Comment: Celia Pugliese asked about grant funding. Pass Motion made to approve by Vice Mayor Danko and seconded by Council Member Klufas Approved - 4 - Mayor David Alfin, Vice Mayor Ed Danko, Council Member Nick Klufas, Council Member Cathy Heighter J. CONSENT Council Member Pontieri asked about funds for item J10. Mr. Cote provided a response. Public Comment: There were none. 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 Nick Klufas, Council Member Theresa Pontieri 10. RESOLUTION 2023-19 APPROVING A PURCHASE AND SALE AGREEMENT WITH FORESTAR (USA) REAL ESTATE GROUP, INC., FOR THE CITY OF PALM COAST TO PURCHASE LAND 11. RESOLUTION 2024-20 APPROVING AN EASEMENT AGREEMENT WITH FORESTAR (USA) REAL ESTATE GROUP, INC. City of Palm Coast Created on 2/15/24 29 12. RESOLUTION 2024-16 APPROVING A JOINT MAINTENANCE EASEMENT AGREEMENT WITH THE SEMINOLE PALMS COMMUNITY DEVELOPMENT DISTRICT (CDD) 13. RESOLUTION 2024-24 APPROVING PURCHASE OF ONE (1) CATERPILLAR 305 EXCAVATOR 14. RESOLUTION 2024-22 APPROVING MASTER PRICE AGREEMENTS WITH ENVIRONMENTAL LAND SERVICES, INC., AND HOBBS LAND DEVELOPMENT FOR AGGREGATES AND ROAD MATERIALS 15. RESOLUTION 2024-15 APPROVING A MASTER PRICE AGREEMENT WITH BRENNTAG MID-SOUTH, INC., FOR 25% SODIUM HYDROXIDE (RAYON OR MEMBRANE GRADE) 16. RESOLUTION 2024-18 APPROVING PIGGYBACKING THE OMNIA CONTRACT WITH PLAYCORE WISCONSIN FOR PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES 17. RESOLUTION 2024-17 APPROVING PIGGYBACKING THE GENERAL SERVICES ADMINISTRATION CONTRACT WITH ACUITY SPECIALTY PRODUCTS FOR INDUSTRIAL AND ENVIRONMENTAL PRODUCTS K. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. Jeremy Davis discussed protecting public interest. George Mayo discussed a recent Lunch & Lecture and hoped that the city would continue. Additionally, Mr. Mayor discussed a shredding event and encouraged more frequent events, discussed new restaurants, and provided a reminder to use microphones for the audience listening online. L. DISCUSSION BY CITY COUNCIL OF MATTERS NOT ON THE AGENDA Mayor Alfin asked for consensus to bring 4 RFPs forward for presentations to be brought to Council within the next two weeks. Council concurred. Council Member Klufas shared thanks to staff and the Flagler County Sheriff’s Office. Mayor Alfin discussed the annual State of the City and thanked staff for their efforts. Council Member Pontieri shared about the recent Tunnel to Towers event. City of Palm Coast Created on 2/15/24 30 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 Ms. Bevan responded to the comments of Mr. Mayo. Additionally, Ms. Bevan shared about upcoming an MedNexus innovation challenge. O. ADJOURNMENT The meeting was adjourned at 9:28 p.m. Respectfully submitted by: Kaley Cook, CMC, FCRM City Clerk City of Palm Coast Created on 2/15/24 31

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, February 6, 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. PROCLAMATIONS AND PRESENTATIONS 1. PROCLAMATION - THE WEEK OF FEBRUARY 15, 2024, AS WELCOME TO THE NEIGHBORHOOD WEEK 2. PRESENTATION - ANNUAL HEALTH AND SAFETY EMPLOYEE CALENDAR E. PUBLIC PARTICIPATION City of Palm Coast Created on 1/22/24 1 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, 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. F. MINUTES 3. MINUTES OF THE CITY COUNCIL: JANUARY 16, 2024, BUSINESS MEETING G. ORDINANCES SECOND READ 4. ORDINANCE 2024-XX AMEND THE BOUNDARIES OF THE LANDINGS COMMUNITY DEVELOPMENT DISTRICT (CDD) - APPLICATION NO. 5560 5. ORDINANCE 2024-XX AN AMENDMENT TO THE TOWN CENTER AT PALM COAST PLANNED UNIT DEVELOPMENT (PUD) DEVELOPMENT AGREEMENT (DA) H. ORDINANCES FIRST READ 6. ORDINANCE 2024-XX AMENDING CHAPTER 4, SECTION 4.01, SUBSECTION City of Palm Coast Created on 1/22/24 2 4.01.04, OF THE UNIFIED LAND DEVELOPMENT CODE OF THE CITY OF PALM COAST I. RESOLUTIONS 7. RESOLUTION 2024-XX APPROVAL OF A CHANGE ORDER WITH CUSTOM BUILT MARINE CONSTRUCTION, INC., AND APPROVAL OF EXPENSES RELATED TO AN INCREASE IN PROJECT SCOPE 8. RESOLUTION 2024-XX APPROVAL OF A FLORIDA DEPARTMENT OF TRANSPORTATION STATE-FUNDED GRANT AGREEMENT FOR MATANZAS WOODS PARKWAY EXTENSION WEST PHASE TWO PROJECT 9. RESOLUTION 2024-XX APPROVAL OF A DEPOSIT WITH FLORIDA POWER AND LIGHT FOR A DESIGN AND COST ESTIMATE FOR THE RELOCATION OF TRANSMISSION FACILITIES FOR THE MATANZAS WOODS PARKWAY EXTENSION WEST PHASE TWO PROJECT J. CONSENT 10. RESOLUTION 2023-XX APPROVING A PURCHASE AND SALE AGREEMENT WITH FORESTAR (USA) REAL ESTATE GROUP, INC., FOR THE CITY OF PALM COAST TO PURCHASE LAND 11. RESOLUTION 2024-XX APPROVING AN EASEMENT AGREEMENT WITH FORESTAR (USA) REAL ESTATE GROUP, INC. 12. RESOLUTION 2024-XX APPROVING A JOINT MAINTENANCE EASEMENT AGREEMENT WITH THE SEMINOLE PALMS COMMUNITY DEVELOPMENT DISTRICT (CDD) 13. RESOLUTION 2024-XX APPROVING PURCHASE OF ONE (1) CATERPILLAR 305 EXCAVATOR 14. RESOLUTION 2024-XX APPROVING MASTER PRICE AGREEMENTS WITH ENVIRONMENTAL LAND SERVICES, INC., AND HOBBS LAND DEVELOPMENT FOR AGGREGATES AND ROAD MATERIALS 15. RESOLUTION 2024-XX APPROVING A MASTER PRICE AGREEMENT WITH BRENNTAG MID-SOUTH, INC., FOR 25% SODIUM HYDROXIDE (RAYON OR MEMBRANE GRADE) 16. RESOLUTION 2024-XX APPROVING PIGGYBACKING THE OMNIA CONTRACT WITH PLAYCORE WISCONSIN FOR PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES 17. RESOLUTION 2024-XX APPROVING PIGGYBACKING THE GENERAL SERVICES City of Palm Coast Created on 1/22/24 3 ADMINISTRATION CONTRACT WITH ACUITY SPECIALTY PRODUCTS FOR INDUSTRIAL AND ENVIRONMENTAL PRODUCTS 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 O. ADJOURNMENT 18. AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 1/22/24 4 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - THE WEEK OF FEBRUARY 15, 2024, AS WELCOME TO THE NEIGHBORHOOD WEEK Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The City of Palm Coast would like to proclaim the week of February 15, 2024, as Welcome to the Neighborhood Week. Recommended Action: PROCLAIM THE WEEK OF FEBRUARY 15, 2024, AS WELCOME TO THE NEIGHBORHOOD WEEK 5 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PRESENTATION - ANNUAL HEALTH AND SAFETY EMPLOYEE CALENDAR Presenter: Carol Mini, Urban Forester Attachments: 1. Presentation Background: The City of Palm Coast Wellness, Health, and Moral (WHAM) Team is proud to present the Annual Health and Safety Employee Calendar. Relatives of City Employees, 18 years and younger, were invited to participate by submitting a drawing or painting about health, safety, and workplace safety that may affect them personally or their family members. These calendars are fun, generate excitement, and brought out the competitive spirit in our kids and employees. We will honor the winners with their own copy of the Health and Safety Calendar along with a craft related gift for all winners and an honorable mention for each age category. The winners will be announced at the City Council’s business meeting. Recommended Action: FOR PRESENTATION ONLY 7 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: JANUARY 16, 2024, BUSINESS MEETING Presenter: Kaley Cook, City Clerk Attachments: 1. Minutes Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: JANUARY 16, 2024, BUSINESS MEETING 33 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2024-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. Amended Petition 4. Master Plan 5. Business Impact Estimate Background: This is a legislative item. UPDATED BACKGROUND FROM THE DECEMBER 5, 2023, BUSINESS MEETING: City Council heard the first reading of this item at the December 5, 2023, Business Meeting. City Council requested an update to the petition. City staff received an updated petition from the applicant, and it is attached to this item. ORIGINAL BACKGROUND FROM THE DECEMBER 5, 2023, BUSINESS MEETING: 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. 50 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 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 51 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. 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 2024-XX AMEND THE BOUNDARIES OF THE LANDINGS COMMUNITY DEVELOPMENT DISTRICT (CDD) - APPLICATION NO. 5560 52 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 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. Ordinance 2. Town Center PUD 3. Summary of Amendments 4. Staff Report 5. Business Impact Estimate 6. Applicant Correspondence Background: This is a quasi-judicial item, please disclose any ex parte communication. UPDATED BACKGROUND FROM THE JANUARY 16, 2024, BUSINESS MEETING: This item was heard by City Council at their January 16, 2024, Business Meeting. At the direction of City Council, the last paragraph of Section 6.4 of the PUD-Development Agreement was amended to include the following clarification (shown in underline). Notwithstanding the cap on the number of Residential dwelling units as provided in DRI-DO, a property owner with Declarant’s written consent may request to convert non-residential square footage to residential units for a mixed-use building project within the Urban Core areas of Town Center DRI, using the conversion matrix in Exhibit C, Land Use Conversion Table of the DRI-DO. Such conversions may only be requested on a project-by-project basis and approval of conversions are recorded with the Development Order for subject project. UPDATED BACKGROUND FROM THE JANUARY 2, 2024, BUSINESS MEETING: This item was originally scheduled for the January 2, 2024, Business Meeting. City Council concurred to postpone the item to the January 16, 2024, Business Meeting. There have been no changes to the item. 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 160 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:  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. 161 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 162 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department COMMUNITY DEVELOPMENT Amount Division CODE ENFORCEMENT Account # Subject: ORDINANCE 2024-XX AMENDING CHAPTER 4, SECTION 4.01, SUBSECTION 4.01.04, OF THE UNIFIED LAND DEVELOPMENT CODE OF THE CITY OF PALM COAST Presenter: Barbara Grossman, Code Enforcement Manager and Tracey Doak, Zoning Supervisor Attachments: 1. Presentation 2. Ordinance 3. Resolution 4. Registration Form 5. License Agreement 6. Section 403.813(1), Fla. Stat. 7. Business Impact Estimate Background: This is a legislative item. In 2023, the legislature updated Section 403.813(1), Florida Statutes relating to floating vessel platforms. The City of Palm Coast currently has regulations in the Unified Land Development Code, which will need to be amended to reflect the current change in state law. Section 403.813(1)(s)2, Florida Statutes, provides that where the owner of a floating vessel platform self-certifies compliance with the exemption criteria statutorily enumerated in Section 403.813(1)(s), Florida Statutes, a local government may require a one-time registration for the floating vessel platform to ensure compliance with ordinances, codes, state-delegated or state-mandated plans or programs, or regulations relating to building or zoning. Creating a registration process for floating vessel platforms is necessary to comply with the 2023 amendments to Florida Statutes § 403.813(1)(s)2. and to ensure that floating vessel platforms placed in the City’s waterways comply with applicable regulations. These proposed changes to the Unified Land Development code are in the best interest of the public health, safety, and welfare of the citizens of Palm Coast. The Planning and Land Development Board heard this item on January 17, 2024, and voted 5 to 1 to recommend approval to City Council to adopt Ordinance 2024-XX amending Chapter 4, section 4.01, subsection 4.01.04, of the Unified Land Development Code of the City of Palm Coast. 235 Pursuant to Section 166.041(4), Florida Statutes, a business impact estimate has been completed and posted to the City’s website prior to the statutory advertisements of this proposed Ordinance for City Council’s consideration for enactment. Recommended Action: THE PLANNING AND LAND DEVELOPMENT BOARD RECOMMENDS CITY COUNCIL ADOPT ORDINANCE 2024-XX AMENDING CHAPTER 4, SECTION 4.01, SUBSECTION 4.01.04, OF THE UNIFIED LAND DEVELOPMENT CODE OF THE CITY OF PALM COAST 236 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department CONSTRUCTION MANAGEMENT Amount $775,000 & ENGINEERING Division ENGINEERING Account # 43000099-063000- 59005 & 54205509- 063000-99026 Subject: RESOLUTION 2024-XX APPROVAL OF A CHANGE ORDER WITH CUSTOM BUILT MARINE CONSTRUCTION, INC., AND APPROVAL OF EXPENSES RELATED TO AN INCREASE IN PROJECT SCOPE Presenter: Carl Cote, Director of Stormwater & Engineering Attachments: 1. Presentation 2. Resolution 3. Change Order Number One Background: Council Priority: D. Sustainable Environment and Infrastructure UPDATED BACKGROUND FROM THE AUGUST 15, 2023, WORKSHOP: On August 15, 2023, council approved a Contract with Custom Built Construction, Inc., in the amount of $8,236,193.73, a contract with DRMP, Inc., for CEI services in a not-to-exceed amount of $300,000, and a Project contingency in the amount of $701,945.27. Staff would like to recommend an increase in the scope of work under this contract to include partial clearing of the Maintenance Operation Center (MOC) site and transport of a portion of the excavated material from the London Waterway project to the Southern Recreation Center project. The reason for this requested change order is two-fold; first, during the bidding/budgeting for the London Waterway Project, it was initially envisioned that the MOC site would be cleared. However, due to permitting and financing complications with that project, that part of the work is yet to be completed. To continue moving forward with the London Waterway project, the MOC site needs to be prepared to receive the excavated material. The second reason for the change order is to reduce construction delays to the London Waterway project. Since the expected volume of material to be excavated is so large, it is critical that we begin moving it as soon as possible. Moving a portion of the excavated material from London Waterway to the Southern Recreation Center would help to maintain construction progress while the MOC site gets prepared to receive the fill. This additional work will also assist the Southern Recreation Center as it is fill needed on future upcoming phases. 278 This item is to approve change order #1 with Custom Built Marine Construction, Inc., in the amount of $775,000, 50% of funding for this change order will come from already approved London Waterway project contingency. Staff is requesting approval of funds for the remaining 50% of the scope increase, in the amount of $387,500. Funds for these expenses are budgeted for out of the Capital Projects Fund. Source of Funds Worksheet FY 24 CAP MOC - 43000099-063000-59005 $13,000,000.00 Total Expended/Encumbered to Date $2,073,159.00 Pending Work Orders/Contracts $0.00 Current(WO/Contract) $387,500.00 Balance $10,539,341.00 ORIGINAL BACKGROUND FROM THE AUGUST 15, 2023, WORKSHOP: To remain consistent with the City’s Stormwater Master Plan and to address drainage related issues, the City wishes to expand the stormwater attenuation and treatment capacity of the London Waterway. The project objective is to provide flood storage to reduce peak elevations in the London Waterway, improve water quality in receiving waters with stormwater treatment, and enhance the environment to support native fauna and flora, deliver an aesthetic project. The project consists of construction of a 1-acre lake along with a corresponding storm sewer for inflow and outflow structures and 4.2 acres of littoral zone. On March 16, 2022, council approved a work order with DRMP, Inc., for engineering design services for the London Waterway Expansion Project. The project was originally estimated to cost approximately $4M. On October 19, 2022, staff advertised this project (ITB-SWE-22-73) and received bids of $9M. The project was placed on hold until it could be funded. On November 8, 2022, council approved a cost-share agreement (contract#37938) with the 599 St. Johns River Water Management District (SJRWMD) in the amount of $904,500, toward the estimated cost of construction $3,618,000. The American Rescue Plan Act (ARPA) will fund a portion of this project in the amount of $6,128,471. Under this Act, funds may be used to make necessary improvements to water and sewer infrastructure. On March 1, 2023, staff advertised a request for qualifications (RFSQ-SWE-23-32) for engineering services CEI services for the London Waterway Expansion. Staff negotiated a scope and fee not-to-exceed $300,000 with DRMP, Inc. City staff has determined that the costs for these services are reasonable and fair and are consistent with these types of services for a project of this size and scope. 279 On May 17, 2023, staff advertised this project (ITB-SWE-23-43) and received two (2) bids. City staff recommends awarding the contract to the low bidder Custom Built Construction, Inc., of Fort Pierce, FL for $8,236,193.73. This item is to approve the Contract with Custom Built Construction, Inc., in the amount of $8,236,193.73, a contract with DRMP, Inc., for CEI services in a not-to-exceed amount of $300,000, and a Project contingency in the amount of $701,945.27. Funds for this project are budgeted in the 5 yr. Capital Improvement Budget. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVAL OF A CHANGE ORDER WITH CUSTOM BUILT MARINE CONSTRUCTION, INC., AND ADDITIONAL EXPENSES RELATED TO AN INCREASE IN PROJECT SCOPE 280 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department CONSTRUCTION MANAGEMENT Amount & ENGINEERING Division Account # Subject: RESOLUTION 2024-XX APPROVAL OF A FLORIDA DEPARTMENT OF TRANSPORTATION STATE-FUNDED GRANT AGREEMENT FOR MATANZAS WOODS PARKWAY EXTENSION WEST PHASE TWO PROJECT Presenter: Carl Cote, Director of Stormwater & Engineering Attachments: 1. Presentation 2. Resolution 3. State-Funded Grant Agreement (#453214-1-54-01) Background: Council Priority: B. Safe and Reliable Services City Staff is requesting approval of a Florida Department of Transportation (FDOT) (#453214-1-54-01) State-Funded Grant Agreement for the Matanzas Woods Parkway Extension West Phase Two Project. The estimated project cost for design and construction is $31,500,000.00 the department agrees to participate in the project cost up to a maximum amount of $25,000,000.00. The estimated city-funded portion for this project is $6.5 million. Funds for this project are budgeted out of the five-year Capital Improvement Transportation Impact fund. ORIGINAL BACKGROUND FROM THE JUNE 20, 2023, BUSINESS MEETING The Florida East Coast Railway (FEC) runs north/south just west of US 1, bisecting Palm Coast. There are approximately 12,000 acres of land within the City limits and west of the railroad tracks, with limited access. Currently, there are only two, at grade, railroad crossings within the city limits. The City believes that one or more western roadway extensions are needed to provide additional access to this western portion of the City to promote economic opportunities. Judicious transportation investments lower the costs of moving people and goods increasing economic productivity. Because productivity is a central component of economic growth, it should be a strong consideration when assessing the value of transportation expenditures. Opening these corridors will promote economic opportunities in Palm Coast and Flagler County. Transportation access to the west is part of the Northeast Florida Regional Council’s 2022 Legislative Priorities as adopted by City Council. On March 15, 2022, City Council approved a Work Order with England-Thim & Miller, Inc. to perform a feasibility study to investigate the feasibility of the permitting and construction of westward extensions of Matanzas Woods Parkway, Palm Coast Parkway, Royal Palms 301 Parkway, and Whiteview Parkway. Services included a review of possible roadway alignments, impacts to existing properties/uses, rights-of-way needs, design/permitting requirements, wetland and floodplain impacts, and construction costs. Due to several factors, the City proceeded with the western extension of Matanzas Woods Parkway as its first priority.  Its close proximity to US 1, connection to I-95, and fewer environmental constraints than other areas, Matanzas Woods is a viable solution for access to the west.  Current site development was occurring between the railroad and the current termination point of Matanzas Woods Parkway which expedited the need to coordinate with the developer and determine a roadway alignment and identify right- of-way needs.  The City Master Plan for a new Public Works Facility that will connect to and abut the West Matanzas Woods Parkway and will require coordination for access points and traffic circulation as well as potential for a shared stormwater facility. On March 15, 2022, City Council approved a Work Order with DRMP, Inc., to begin design of a set of roadway plans for the extension of the West Matanzas Woods Parkway to the west including a flyover the FEC railroad and terminating when roadway gets back down to grade. During this process and coordination with FEC, FPL, FDOT and the state there were requests to provide a long-range plan showing at least the initial roadway configuration and access points as well as a more detailed cost estimate for this entire roadway for use in seeking additional state funding. Staff advertised a request for qualifications (RFSQ-23-39) for engineering services to complete 100% construction plans and permitting for the western extension of the West Matanzas Woods Parkway Phase 1 project where the flyover the railroad terminates at grade on the western side of the railroad tracks and to provide 30% plans for the continuation heading south to Palm Coast Parkway with a new proposed flyover heading back east over the railroad tracks back to US 1 in alignment with the existing US1 / Palm Coast Parkway intersection. This 30% set will be utilized to meet the coordination requirements of FDOT and FEC as well as to provide a detailed construction estimate. On June 20, 2023, City Council approved a contract with England-Thim & Miller, Inc., for an amount not to exceed $5,742,070.00 for engineering services for the extension of the West Matanzas Woods Parkway to Palm Coast Parkway connector Roadway. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVAL OF A FLORIDA DEPARTMENT OF TRANSPORTATION STATE-FUNDED GRANT AGREEMENT FOR MATANZAS WOODS PARKWAY EXTENSION WEST PHASE TWO PROJECT 302 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department CONSTRUCTION MANAGEMENT Amount $450,000 & ENGINEERING Division ENGINEERING Account # 21097011-063000- 54620 Subject: RESOLUTION 2024-XX APPROVAL OF A DEPOSIT WITH FLORIDA POWER AND LIGHT FOR A DESIGN AND COST ESTIMATE FOR THE RELOCATION OF TRANSMISSION FACILITIES FOR THE MATANZAS WOODS PARKWAY EXTENSION WEST PHASE TWO PROJECT Presenter: Carl Cote, Director of Stormwater & Engineering Attachments: 1. Resolution 2. Florida Power & Light Estimate Background: Council Priority: B. Safe and Reliable Services City Staff has identified the need to relocate transmission facilities as part of the Matanzas Woods Parkway Extension West Phase Two Project. The proposed scope of work includes the temporary relocation of transmission lines that will provide a working area for the bridge construction over railroad tracks and the installation of taller permanent poles due to the elevated road crossing. Florida Power and Light (FPL) requires a deposit to provide a more detailed design and estimate of cost for the above-mentioned scope. This item is to approve a deposit in the amount of $450,000 for the design and cost estimate. Funds for this deposit are budgeted out of the five-year capital project Transportation Impact Fee. Source of Funds Worksheet FY 24 Trans.Impact 21097011-063000-54620 $8,731,070.00 Total Expended/Encumbered to Date $6,094,861.32 Pending Work Orders/Contracts $0.00 Current(WO/Contracts) $450,000.00 Balance $2,186,208.68 ORIGINAL BACKGROUND FROM THE JUNE 20, 2023, BUISNESS MEETING 340 The Florida East Coast Railway (FEC) runs north/south just west of US 1, bisecting Palm Coast. There are approximately 12,000 acres of land within the City limits and west of the railroad tracks, with limited access. Currently, there are only two, at grade, railroad crossings within the city limits. The City believes that one or more western roadway extensions are needed to provide additional access to this western portion of the City to promote economic opportunities. Judicious transportation investments lower the costs of moving people and goods increasing economic productivity. Because productivity is a central component of economic growth, it should be a strong consideration when assessing the value of transportation expenditures. Opening these corridors will promote economic opportunities in Palm Coast and Flagler County. Transportation access to the west is part of the Northeast Florida Regional Council’s 2022 Legislative Priorities as adopted by City Council. On March 15, 2022, City Council approved a Work Order with England-Thim & Miller, Inc. to perform a feasibility study to investigate the feasibility of the permitting and construction of westward extensions of Matanzas Woods Parkway, Palm Coast Parkway, Royal Palms Parkway, and Whiteview Parkway. Services included a review of possible roadway alignments, impacts to existing properties/uses, rights-of-way needs, design/permitting requirements, wetland and floodplain impacts, and construction costs. Due to several factors the City proceeded with the western extension of Matanzas Woods Parkway as its first priority.  Its close proximity to US 1, connection to I-95, and fewer environmental constraints than other areas, Matanzas Woods is a viable solution for access to the west.  Current site development was occurring between the railroad and the current termination point of Matanzas Woods Parkway which expedited the need to coordinate with developer and determine a roadway alignment and identify right-of- way needs.  The City Master Plan for a new Public Works Facility that will connect to and abut the West Matanzas Woods Parkway and will require coordination for access points and traffic circulation as well as potentials for a shared stormwater facility. On March 15, 2022, City Council approved a Work Order with DRMP, Inc., to begin design of a set of roadway plans for the extension of the West Matanzas Woods Parkway to the west including a flyover the FEC railroad and terminating when roadway gets back down to grade. During this process and coordination with FEC, FPL, FDOT and the state there were requests to provide a long-range plan showing at least the initial roadway configuration and access points as well as a more detailed cost estimate for this entire roadway for use in seeking additional state funding. Staff advertised a request for qualifications (RFSQ-23-39) for engineering services to complete 100% construction plans and permitting for the western extension of the West Matanzas Woods Parkway Phase 1 project where the flyover the railroad terminates at grade on the western side of the railroad tracks and to provide 30% plans for the continuation heading south to Palm Coast Parkway with a new proposed flyover heading back east over the railroad tracks back to US1 in alignment with the existing US 1 / Palm Coast Parkway intersection. This 30% set will be utilized to meet the coordination requirements of FDOT and FEC as well as to provide a detailed construction estimate. 341 On June 20, 2023, City Council approved a contract with England-Thim & Miller, Inc., for an amount not-to-exceed of $5,742,070.00 for engineering services for the extension of the West Matanzas Woods Parkway to Palm Coast Parkway connector Roadway. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVAL OF A DEPOSIT WITH FLORIDA POWER AND LIGHT FOR A DESIGN AND COST ESTIMATE FOR THE RELOCATION OF TRANSMISSION FACILITIES FOR THE MATANZAS WOODS PARKWAY EXTENSION WEST PHASE TWO PROJECT 342 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department COMMUNITY DEVELOPMENT Amount $415,540.00 Division PLANNING Account # 21097011-061000- 54620 Subject: RESOLUTION 2024-XX APPROVING A PURCHASE AND SALE AGREEMENT WITH FORESTAR (USA) REAL ESTATE GROUP, INC., FOR THE CITY OF PALM COAST TO PURCHASE LAND Presenter: Virginia Smith, Land Management Administrator Attachments: 1. Resolution 2. Purchase and Sale Agreement - City Purchase Background: Council Priority: B. Safe and Reliable Services: 1. Ensure that the Maintenance & Operations Complex is a top priority facility project and commence with initial improvements based on Capital Improvement Plan timeline. UPDATED BACKGROUND FROM THE NOVEMBER 14, 2023, WORKSHOP MEETING: City Council received a presentation on this item at the November 14, 2023, Workshop Meeting. No changes have been made to the item. ORIGINAL BACKGROUND FROM THE NOVEMBER 14, 2023, WORKSHOP MEETING: The City of Palm Coast has collaborated with Forestar (USA) Real Estate Group, Inc., to acquire land for a road connection on the west side, serving the Maintenance & Operations Complex and supporting the alignment of the Matanzas Woods Parkway extension. The City will need to secure land and a temporary construction easement from Forestar. SOURCE OF FUNDS Matanzas PKWY Extension West 21097011-061000-54620 $420,000.00 Pending Work Orders $0.00 Current Contract $415,540.00 Balance $4,460.00 Staff is recommending City Council approve the purchase and sale agreement with Forestar for the City to purchase land from Forestar. 347 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A PURCHASE AND SALE AGREEMENT WITH FORESTAR (USA) REAL ESTATE GROUP, INC., FOR THE CITY OF PALM COAST TO PURCHASE LAND 348 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2024-XX APPROVING AN EASEMENT AGREEMENT WITH FORESTAR (USA) REAL ESTATE GROUP, INC. Presenter: Virginia Smith, Land Management Administrator and Carl Cote, Director of Stormwater & Engineering Attachments: 1. Resolution 2. Easement Agreement Background: This is a companion item to the Forestar (USA) Real Estate Group, Inc. Sale and Purchase agenda item. In order to facilitate the correct positioning of the Matanzas Woods Parkway extension roadway in Palm Coast, the City has agreed to purchase land for the roadway connection to the west side of U.S. 1 for the Maintenance & Operations Complex and future development from Forestar (USA) Real Estate Group, Inc. In furtherance of a public purpose, the City will in return provide an easement to Forestar (USA) Real Estate Group, Inc., for gateway signage on City vacant land in the Maintenance & Operations Complex area as shown in the Easement Agreement. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING AN EASEMENT AGREEMENT WITH FORESTAR (USA) REAL ESTATE GROUP, INC. 399 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2024-XX APPROVING A JOINT MAINTENANCE EASEMENT AGREEMENT WITH THE SEMINOLE PALMS COMMUNITY DEVELOPMENT DISTRICT (CDD) Presenter: Virginia Smith, Land Management Administrator and Carl Cote, Director of Stormwater & Engineering Attachments: 1. Resolution 2. Joint Maintenance Easement Agreement Background: This is a legislative item. The City and Kolter Group Acquisitions, LLC (“Kolter”) previously entered into the Seminole Palms Impact Fee Prepayment, Citation Boulevard Extension and Land Exchange Agreement, dated on or about October 29, 2021. Kolter assigned certain rights and obligations in the Land Exchange Agreement to the Seminole Palms Community Development District (District) by virtue of the Assignment of Rights Agreement dated April 25, 2022. The rights and obligations in the Land Exchange Agreement assigned to the District include, inter alia, the obligation to undertake construction of an extension of Citation Boulevard (Citation Extension Improvements). The City and the District entered into an Interlocal Agreement regarding Citation Boulevard Extension, which the District accepted an assignment of, generally stated, all of the City rights and obligations for the solicitation and construction of the Citation Extension Improvements pursuant to the Land Exchange Agreement. The Citation Extension Improvements are being constructed on certain real property owned by the City as more particularly described in the attached Easement Agreement. After the completion of construction, the City will be the owner of and responsible for the maintenance of the Citation Extension Improvements. However, the District desires the right to perform maintenance and repairs within the Easement Area to provide a higher level of maintenance service for portions of the Citation Extension Improvements at the District’s cost. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A JOINT MAINTENANCE EASEMENT AGREEMENT WITH THE SEMINOLE PALMS COMMUNITY DEVELOPMENT DISTRICT (CDD) 410 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department PUBLIC WORKS Amount $93,431 Division FLEET Account # 65010071-099093 65015511-064000 Subject: RESOLUTION 2024-XX APPROVING PURCHASE OF ONE (1) CATERPILLAR 305 EXCAVATOR Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Quote Background: Council Priority: A. Strong Resilient Economy The Fleet division of the City of Palm Coast is seeking approval to purchase (1) Caterpillar 305 Hydraulic Excavator (N30-FY24). After assessing the needs for Stormwater Maintenance equipment, it has been determined that an excavator will be necessary to enhance the efficiency of a small ditch crew. Sufficient funds have been allocated for this purchase, eliminating the need for the loan approval as it was already budgeted for in the Fleet replacement reserve budget and will transfer to the Fleet Stormwater Capital Outlay budget. The City of Palm Coast Public Works Fleet Division is recommending piggybacking the FSA23-EQU21.0 with Ring Power to utilize the terms, conditions, scope, and pricing of the FSA agreement for Excavators. The piggyback is available for review in the City Clerk’s Office. FLEET REPLACEMENT RESERVE 65010071-099093 $2,663,635.00 Total Expended/Encumbered to Date $0.00 Pending Work Order/Contracts $0.00 Current Transfer to 65015511-064000 $93,431.00 Balance $2,570,204.00 FLSWMAINT MACHINERY & EQUIPMENT OVER $5K 65015511-064000 $2,648,837.00 Total Expended/Emcumbrered to Date $2,509,738.13 Transfer from 65010071-099093 $93,431.00 Current (WO/Contract) $93,431.00 Balance $139,098.87 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING PURCHASE OF ONE (1) CATERPILLAR 305 EXCAVATOR 422 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department CONSTRUCTION MANAGEMENT Amount AS NEEDED PER & ENGINEERING APPROVED BUDGET Division ENGINEERING Account # MULTIPLE – CITY WIDE USE Subject: RESOLUTION 2024-XX APPROVING MASTER PRICE AGREEMENTS WITH ENVIRONMENTAL LAND SERVICES, INC., AND HOBBS LAND DEVELOPMENT FOR AGGREGATES AND ROAD MATERIALS Presenter: Lynn Stevens, Deputy Director of Stormwater & Engineering Attachments: 1. Resolution 2. Master Price Agreement Environmental Land Service 3. Master Price Agreement Hobbs Land Development 4. Notice of Intent to Award 5. Project Overview Background: Council Priority: B. Safe and Reliable Services City staff have determined the need to purchase aggregates and road materials such as road base, stone, shell, and rock. These materials are required for day-to-day operations city-wide and maintenance of the City’s streets and roadways Staff advertised and solicited bids (ITB-SWE-24-20) for City-Wide aggregates and road base materials in accordance with the City’s Purchasing Policy. City Staff received four (4) bids that were deemed responsive and responsible and recommends council approval of a master price agreement with Environmental Land Services and Hobbs Land Development. Since this is a price agreement, City staff from all departments will be able to utilize this agreement to purchase items on an as-needed basis using budgeted funds appropriated by City Council. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING MASTER PRICE AGREEMENTS WITH ENVIRONMENTAL LAND SERVICES, INC., AND HOBBS LAND DEVELOPMENT FOR AGGREGATES AND ROAD MATERIALS 428 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department WATER AND WASTEWATER Amount AS NEEDED PER UTILITY APPROVED BUDGET Division WATER Account # 54019085 052030 54019087 052030 Subject: RESOLUTION 2024-XX APPROVING A MASTER PRICE AGREEMENT WITH BRENNTAG MID-SOUTH, INC., FOR 25% SODIUM HYDROXIDE (RAYON OR MEMBRANE GRADE) Presenter: Peter Roussell, Deputy Director of Utility Attachments: 1. Resolution 2. Notice of Intent to Award 3. Project Overview 4. Draft Contract Background: Council Priority: D. Sustainable Environment & Infrastructure The City's Utility Department/Water Operations Division utilizes 25% Sodium Hydroxide (Rayon or Membrane Grade) at both Water Treatment Plant 2 and Water Treatment Plant 3 which is used in the treatment process. The City of Palm Coast bid the supply of 25% Sodium Hydroxide (Rayon or Membrane Grade) through ITB-UT-24-24. This Agreement shall take effect on the effective date and shall terminate at the end of one (1) year. Staff recommends that the City approve a master price agreement with Brenntag Mid-South, Inc., for 25% Sodium Hydroxide (Rayon or Membrane Grade) supply based on the City of Palm Coast bid ITB-UT-24-24. The Notice of Intent to Award and Project Bid Overview are attached to this agenda item. 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. SOURCE OF FUNDS WORKSHEET FY 2024 UTILITYFND Chemicals 54019085 052030 $257,598.00 Total Expended/Encumbered to Date $178,246.13 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $0.00 Balance $79,351.87 UTILITYFND Chemicals 54019087 052030 $1,174,261.00 Total Expended/Encumbered to Date $1,038,425.66 Pending Work Orders/Contracts $0.00 Current (WO/Contract) $0.00 Balance $135,835.34 458 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A MASTER PRICE AGREEMENT WITH BRENNTAG MID-SOUTH, INC., FOR 25% SODIUM HYDROXIDE (RAYON OR MEMBRANE GRADE) 459 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department PARKS & RECREATION Amount OVER $50,000 PER APPROVED BUDGET Division Account # 10015015-052000 Subject: RESOLUTION 2024-XX APPROVING PIGGYBACKING THE OMNIA CONTRACT WITH PLAYCORE WISCONSIN FOR PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES Presenter: James Hirst, Director of Parks & Recreation Attachments: 1. Resolution 2. Piggyback Contract Background: Council Priority: C. Safe and Reliable Services The Parks & Recreation department is responsible for maintaining our recreation facilities and parks for the community to enjoy. With the increasing demand for public parks and recreational activities, the department needs reliable vendors who can provide accessories, equipment, surfacing, and additional products and services that the City’s Parks & Recreation facilities require to maintain park assets. City staff is recommending piggybacking the Omnia contract (#2017001134) with Playcore Wisconsin, Inc., through June 30, 2026, for playground and outdoor fitness equipment, site accessories, surfacing, and related products and 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 anticipates a cumulative amount of over $50,000 during the two-year duration of the contract. However, they intend to utilize only the budgeted funds appropriated by City Council per fiscal year. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING PIGGYBACKING THE OMNIA CONTRACT WITH PLAYCORE WISCONSIN FOR PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES 480 City of Palm Coast, Florida Agenda Item Agenda Date: February 6, 2024 Department PARKS & RECREATION Amount OVER $50,000 PER APPROVED BUDGET Division Account # 10015015-052000, 10016016-052000 Subject: RESOLUTION 2024-XX APPROVING PIGGYBACKING THE GENERAL SERVICES ADMINISTRATION CONTRACT WITH ACUITY SPECIALTY PRODUCTS FOR INDUSTRIAL AND ENVIRONMENTAL PRODUCTS Presenter: James Hirst, Director of Parks & Recreation Attachments: 1. Resolution 2. Piggyback Contract Background: Council Priority: C. Safe and Reliable Services The Parks & Recreation department is responsible for maintaining the City’s recreation facilities and parks for the community to enjoy. With the increasing demand for public parks and recreational activities, the department needs reliable vendors who can provide Industrial and Environmental Products for these facilities. City staff is recommending piggybacking the General Services Administration contract (#A74QSWA20D002H) with Acuity Specialty Products. through January 9, 2025, for industrial and environmental products. 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 anticipates a cumulative amount of over $50,000 during the one-year duration of the contract. However, they intend to utilize only the budgeted funds appropriated by City Council per fiscal year. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING PIGGYBACKING THE GENERAL SERVICES ADMINISTRATION CONTRACT WITH ACUITY SPECIALTY PRODUCTS FOR INDUSTRIAL AND ENVIRONMENTAL PRODUCTS 615

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