City Council Business Meeting

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, March 19, 2024 9:00 AM 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 - MARCH 23, 2024 AS SHE LEADS FLORIDA APPRECIATION DAY 2. PRESENTATION OF GRANT OPPORTUNITIES - APPROVAL OF A LETTER OF SUPPORT FOR EPA CPRG PROGRAM IN COLLABORATION WITH THE NORTHEAST FLORIDA REGIONAL PLANNING COUNCIL AND JACKSONVILLE City of Palm Coast Created on 1/22/24 1  MSA 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. F. MINUTES 3. MINUTES OF THE CITY COUNCIL: MARCH 5, 2024, BUSINESS MEETING MARCH 12, 2024, WORKSHOP MEETING G. APPOINTMENTS 4. APPOINT A REGULAR MEMBER AND AN ALTERNATE MEMBER TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE 5. APPOINT AN ALTERNATE MEMBER TO THE CITIZENS ADVISORY COMMITTEE H. ORDINANCES FIRST READ City of Palm Coast Created on 1/22/24 2  6. ORDINANCE 2024-XX AMENDING THE UNIFIED LAND DEVELOPMENT CODE - CHAPTER 3 ZONING USES, AND DIMENSIONAL STANDARDS, CHAPTER 12 SIGNS AND ADVERTISING, AND CHAPTER 14 GLOSSARY I. RESOLUTIONS 7. RESOLUTION 2024-XX ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2023, AS PRESENTED BY JAMES MOORE & CO., P.L. 8. RESOLUTION 2024-XX APPROVING A STATEWIDE MUTUAL AID AGREEMENT 9. RESOLUTION 2024-XX APPROVING THE SUBMISSION OF A FLORIDA INLAND NAVIGATION DISTRICT (FIND) GRANT APPLICATION FOR THE CONSTRUCTION OF PHASE 2A, ITEMS ASSOCIATED WITH ENHANCEMENT OF WATER ACCESS AT WATERFRONT PARK 10. RESOLUTION 2024-XX APPROVING THE PROMENADE AT TOWN CENTER TECHNICAL SITE PLAN TIER 3 - APPLICATION NO. 5565 11. RESOLUTION 2024-XX APPROVING THE FINAL PLAT FOR SAWMILL BRANCH AT PALM COAST PARK PHASE 2B - APPLICATION NO. 5380 12. RESOLUTION 2024-XX APPROVING THE FINAL PLAT FOR SEMINOLE PALMS PHASE 1 - APPLICATION NO. 5462 J. CONSENT 13. RESOLUTION 2024-XX APPROVING A PIGGYBACK CONTRACT WITH MIDWEST MOTOR SUPPLY CO. 14. RESOLUTION 20244-XX APPROVING A MASTER SERVICES AGREEMENT WITH MASTER PYRO DISPLAY, LLC FOR AERIAL FIREWORKS DISPLAY SERVICES 15. RESOLUTION 2024-XX APPROVING PIGGYBACKING ORANGE COUNTY, FLORIDA CONTRACT WITH DSI INNOVATIONS FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SERVICES 16. RESOLUTION 2024-XX APPROVING THE SALE OF FIRE APPARATUS ENGINE 23 TO THE CITY OF LIVE OAK, FLORIDA 17. RESOLUTION 2024-XX APPROVING AN INTERLOCAL AGREEMENT WITH THE FLAGLER COUNTY SUPERVISOR OF ELECTIONS K. PUBLIC PARTICIPATION Remainder of Public Comments is limited to three (3) minutes each. City of Palm Coast Created on 1/22/24 3 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 18. REPORTING OF EMERGENCY & SOLE SOURCE PURCHASES FOR FEBRUARY 2024 O. ADJOURNMENT 19. AGENDA WORKSHEET AND CALENDAR City of Palm Coast Created on 1/22/24 4  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: PROCLAMATION - MARCH 23, 2024, AS SHE LEADS FLORIDA APPRECIATION DAY Presenter: Mayor and City Council Attachments: 1. Proclamation Background: The City of Palm Coast would like to proclaim March 23, 2024, as She Leads Florida Appreciation Day. Recommended Action: PROCLAIM MARCH 23, 2024, AS SHE LEADS FLORIDA APPRECIATION DAY 5  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department CONSTRUCTION MANAGEMENT Amount & ENGINEERING Division ENGINEERING Account # Subject: PRESENTATION OF GRANT OPPORTUNITIES - APPROVAL OF A LETTER OF SUPPORT FOR EPA CPRG PROGRAM IN COLLABORATION WITH THE NORTHEAST FLORIDA REGIONAL PLANNING COUNCIL AND JACKSONVILLE MSA Presenter: Jason DeLorenzo, Chief of Staff, and Garann Hopkins, Utility Compliance Coordinator Attachments: 1. Presentation 2. Letter of Support Background: Council Priority: D. Sustainable Environment and Infrastructure The City of Palm Coast is seeking approval in the pursuit of the Energy Efficiency and Community Block Grant (EECBG) formula funding and a wastewater lining and energy efficiency grant opportunity through the EPA CPRG program in collaboration with the Northeast Florida Regional Planning Council and the Jacksonville MSA. Combined, these grant applications seek roughly $12 million in funding to support wastewater improvements and drive energy efficiency while reducing utility costs. Primarily centered on wastewater lining projects, this opportunity offers reductions in I&I infiltration from high rainfall events, preventing stormwater intrusion from the wastewater treatment facility while decreasing operations costs and limiting the number of tank trunks and treatment costs needed to be deployed in high rain events. Additionally, the grant includes provisions for energy efficiency initiatives. If awarded, this funding would assist in offsetting some of the costs associated with the City's 5-year Capital Improvement Plan (CIP), resulting in decreased CIP costs and improved operational efficiency. The dual benefits of cost savings and increased efficiency align with the City's strategic goals of responsible fiscal management. The City's Environmental Beautification Committee has recommended that the EPA CPRG opportunity move forward. Recommended Action: FOR COUNCIL CONSIDERATION 7  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: MINUTES OF THE CITY COUNCIL: MARCH 5, 2024, BUSINESS MEETING MARCH 12, 2024, WORKSHOP MEETING Presenter: Kaley Cook, City Clerk Attachments: 1. Minutes (2) Background: Recommended Action: APPROVE MINUTES OF THE CITY COUNCIL: MARCH 5, 2024, BUSINESS MEETING MARCH 12, 2024, WORKSHOP MEETING 14  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department COMMUNITY DEVELOPMENT Amount Division Account # Subject: APPOINT A REGULAR MEMBER AND AN ALTERNATE MEMBER TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE Presenter: Virginia Smith, Land Management Administrator Attachments: 1. Applications (4) Background: In 2015, the City Council appointed Danielle Anderson to the Bicycle and Pedestrian Advisory Committee (BPAC). City staff has been informed from the Florida Department of Transportation staff that Ms. Anderson’s seat is now vacant, as is the alternate seat. City Council needs to appoint a regular member and an alternate to the BPAC. This advisory committee is responsible for reviewing plans, policies, and procedures as they relate to bicycle and pedestrian issues in the TPO planning area. In addition, the BPAC is responsible for the review and ranking of bicycle and pedestrian project applications submitted on an annual basis. The BPAC typically meets the second Wednesday of every month at 3:00 p.m. in Daytona Beach. There were four (4) applications received for Council’s consideration for the alternate seat: Humanyun Zafar Khawaja, James Lowry, Zachary Marciano, and Laura Schweinsberg. APPLICANT DISTRICT OCCUPATION Humanyun Zafar Khawaja 4 Logistics Coordinator James Lowry 2 Cybersecurity Manager Zachary Marciano 4 Sales Director Laura Schweinsberg 1 Toll Collector Palm Coast representatives on the advisory committee must be registered voters and residents of the City of Palm Coast. The applications are attached to this agenda item. The background screenings were performed and are available in the Human Resources Department for Council’s review. Recommended Action: APPOINT A REGULAR MEMBER AND AN ALTERNATE MEMBER TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE 37  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: APPOINT AN ALTERNATE MEMBER TO THE CITIZENS ADVISORY COMMITTEE Presenter: Virginia Smith, Land Management Administrator Attachments: 1. Applications (4) Background: In May of 2023, City Council appointed Mark Stancel to the Citizens Advisory Committee (CAC) to replace Alan Peterson. Mr. Andrew Dodzik was the alternate and has resigned. City Council will need to replace the alternate seat. The CAC is responsible for providing citizen input to the Transportation Planning Organization (TPO). Committee members review transportation studies, reports, plans, and programs, and make recommendations to the TPO. There were four (4) applications received for Council’s consideration for the alternate seat: Humanyun Zafar Khawaja, James Lowry, Zachary Marciano, and Laura Schweinsberg. APPLICANT DISTRICT OCCUPATION Humanyun Zafar Khawaja 4 Logistics Coordinator James Lowry 2 Cybersecurity Manager Zachary Marciano 4 Sales Director Laura Schweinsberg 1 Toll Collector Palm Coast representatives on the advisory committee must be registered voters and residents of the City of Palm Coast. The applications are attached to this agenda item. The background screenings were performed and are available in the Human Resources Department for Council’s review. Recommended Action: APPOINT AN ALTERNATE MEMBER TO THE CITIZENS ADVISORY COMMITTEE 69  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: ORDINANCE 2024-XX AMENDING THE UNIFIED LAND DEVELOPMENT CODE - CHAPTER 3 ZONING USES, AND DIMENSIONAL STANDARDS, CHAPTER 12 SIGNS AND ADVERTISING, AND CHAPTER 14 GLOSSARY Presenter: Estelle Lens, AICP, Planner Attachments: 1. Presentation 2. Ordinance 3. Memo from City Attorney 4. Flagler County Association of Realtors (FCAR) Letter 5. FCAR Letter with Staff Responses 6. Temporary Sign Chart (with Prior Land Development Code Categories) 7. Citizen Correspondence 8. Business Impact Estimate Background: Back Chap UPDATED BACKGROUND FROM THE MARCH 12, 2024, CITY COUNCIL WORKSHOP alon MEETING: been This item was heard by City Council at their March 12, 2024, City Council Workshop workin Meeting. City Council requested an educational tool to assist with locating rights-of-way and communi property lines. Staff will present the tool to City Council at a future meeting. addre communi ORIGINAL BACKGROUND FROM THE MARCH 12, 2024, CITY COUNCIL WORKSHOP MEETING: The Chapter 12 of the Land Development Code – SIGNS AND ADVERTISING - was adopted propo along with the balance of the Unified Land Development Code (LDC) in August 2008. It has The been amended twice, once in 2009 and again in 2012. These amendments were made case working with stakeholders to provide more flexibility for applicants in the development requi community. The sign code is being amended now to comply with changes in the law, Coast’s address challenges and make the code less restrictive, more business friendly and more uncon community friendly. the allo The City Attorney’s Office has provided the following as a background for the required and proposed changes to the City’s sign code:   The U.S. Supreme Court changed the face of sign regulation by local governments in the  case of Reed v. Gilbert, a unanimous decision. In the opinion of most experts, the decision requires amendments to almost all local government codes, including the City of Palm A Coast’s code. The Supreme Court held that Gilbert’s sign restrictions were content based chall unconstitutional regulations of speech that did not survive the highest level of scrutiny that the the Court applies. The Town of Gilbert, Arizona sign code required permits for signs which sign allowed a number of exemptions such as: The 101  Political signs were permitted up to 32 square feet. justificatio  Temporary directional signs were only permitted up to 6 square feet.  Ideological signs were allowed up to only 20 square feet. Justice Thoma content A local church was cited for violation of the rules for temporary directional signs and then “depe challenged the sign code for violating their First Amendment rights. The Town argued (and “need the lower courts agreed) that the challenged regulations were content neutral, and that the determin sign distinctions were based on objective factors and not the expressive content of the sign. uncon The distinctions did not favor nor censor a particular viewpoint or philosophy. And the had justification for the regulation was unrelated to the content of the sign. Gilbert sign, Justice Thomas, writing for the Supreme Court, disagreed. He found the distinctions plainly regul content based and therefore subject to strict scrutiny. The various type of sign distinctions “depended entirely on the communicative content of the sign”. The Court articulated the The “need to read” standard, meaning if a code enforcement officer has to read the sign to interests determine if a sign regulation applies to it, then the provision will be stricken as even unconstitutional. This was true despite the fact that it was evident to the Court that the Town narrow had benign motives in creating these sign categories. Put another way, the Court struck the that Gilbert code because a particular sign was treated differently based on the purpose of the laug sign, instead of on its size, shape, location, or other content neutral time, place and manner of $800,00 regulation. Because The Town attempted to address the strict scrutiny standard by offering two governmental were interests to support its distinctions: aesthetic appeal and traffic safety. The Court held that “strict even if these distinctions were compelling governmental interests, the regulations were not stated narrowly tailored. Justice Kagan noted in her own opinion (concurring in the judgment only) sufficiently that the Town’s distinctions did “not pass strict scrutiny, or intermediate scrutiny, or even the bein laugh test.” The Court required the Town of Gilbert to pay Reed’s attorneys’ fees to the tune (i.e. church sig of $800,000. The Because the Court found the sign code to have content-based regulations, the regulations if were required to pass the “strict scrutiny” standard, and they failed. Most codes do, because parts, “strict scrutiny” is described as being just like a civil war stomach wound. The Court even regul stated that directional signs could only potentially be considered a lawful sign category if is not a conten sufficiently valid reasons for allowing them could be articulated by the city. Sign codes are being constitutionally contested throughout the court based on the “characterization” of signs Based (i.e., church signs; gas station signs; political signs). evalu becau The Court attempted to reassure local governments that sign codes could withstand scrutiny if cities and counties limit regulation to regulation of size, building materials, lighting, moving Reed parts, and portability, if done in an even-handed manner. The Court recently found that and regulation based on location was a valid way to regulate signs, so that banning off-site signs might is not a content-based regulation. the than Based on the Reed analysis, time restrictions on temporary signs must be carefully matters. evaluated. For example, temporary signs cannot be severely limited in number or duration, because that regulation would unlawfully impact political and real estate signs. Howe and Reed shows the degree to which courts will now scrutinize a city’s efforts to regulate signs more and how those regulations impact free speech. Any code provisions in the City code that Austin might show content bias must be amended to remove those distinctions. Cities are left, in betwee the wake of Reed, with being forced to err on the side of allowing for less restrictive, rather still the rights of w 102 than more restrictive, sign regulations, until the courts provide more guidance on these In matters. chall void. However, Reed did not explicitly overrule prior Supreme Court precedent allowing off site and on-site signs to be treated differently or permitting commercial signs to be regulated Another more strictly than non-commercial signs, as demonstrated in the case involving the City of Beach Austin recently decided by the U.S. Supreme Court, which upheld Austin’s distinction States District between “on-site” and “off-site” signs. Another bright note is that it appears that so far cities protected still have the ability to choose the content of “government” signs on their own property and in faciall the rights of way. Plus, lower courts have limited Reed’s application to temporary signs only. survive In conclusion, it behooves the City to amend its sign code or the City will be vulnerable to a utilizi challenge. If contested on constitutional grounds and the City loses, the sign code becomes Café subse void. Consi Another case impacting sign codes is Sweet Sage Café, LLC v. Town of North Redington Associatio Beach a case from the Middle District of Florida, Tampa Division. In this case, the United amend States District Court ruled that the town’s ordinance infringed on the right of free speech Staff protected by the U.S. Constitution. Specifically, the Court ruled that the ordinance was stakehol facially unconstitutional because it regulated based on content of the speech and could not Associatio survive the strict scrutiny test. As a result, the town’s sign code was voided by the Court Commerce utilizing the precedent in the Reed v. Town of Gilbert case. The attorney for Sweet Sage Café subsequently filed suit in federal court asking for legal fees. The substantiv  Considering these factors, Staff and the Assistant City Attorney met with the Flagler County  Association of Responsible Developers (FCARD) nine times to hammer out these sign code  amendments several years ago. Subsequently, in August and September of this year, City  Staff met two times with other stakeholders to help modify these amendments. The  stakeholders at the meetings this year included members from the Flagler County case law Association of Realtors (FCAR) and the Palm Coast-Flagler Regional Chamber of  Commerce, local attorneys, and FCARD. upon by provid The substantive changes to the sign code are primarily as follows:   Revising Purpose & Intent to reflect new findings on signage. currently pro  Revising Exempt and Prohibited Signs, exempting temporary signs from  permitting.   Correcting glitches. and un  Deleting content-based definitions and replacing with new location-based qualifiers.  Government signs are no longer regulated by the City sign code, in keeping with The case law. uses.  Revising Temporary Signs, to genericize the categories. Signs are regulated based upon the zoning district in which the sign is placed. Simplified categories of temporary signs by providing a table.  Generally, signs that are currently permitted will remain permitted, and signs that Summary are currently prohibited will remain prohibited.  Revising Glossary for commercial and temporary signage.  The text of the regulations are outlined in the attached draft Ordinance in cross- out and underline format. The amendments do not modify the amount or type of site or wall signage for commercial uses. Also, the regulation regarding Commercial banners is not modified. 103 Summary of Stakeholder and Board Meetings to date:  August 22, 2023 – First Stakeholder meeting - The Flagler County Association of Realtors (FCAR) presented their recommendations for Open House Signs. - A Flagler County Association of Responsible Developers (FCARD) member brought up the issue of signage in a commercial subdivision. Section 12.05.02.B.2.a. has subsequently been amended to allow an additional sign for certain parcels based upon their location in the subdivision.  September 26, 2023 – Second Stakeholder meeting - The FCAR recommendations were discussed. The City is complying with, or exceeding, all their requests except allowing signs in the right of way (ROW)  October 18, 2023 – Planning and Land Development Regulation Board (PLDRB) Workshop - Only one suggestion was made which was for the Temporary Sign Chart - Section 12.06. Table B. in the category for Signs for Parcels with active site/building permits. The request, which is now being proposed, is for a maximum size of 6 SF (vs. 4 SF) to match the other categories.  November 14, 2023 – City Council Workshop - The discussion at this public hearing centered on whether to allow signage in the City right of way (ROW). Council asked the City Attorney to research legal cases involving signage in the ROW. The City Attorney subsequently prepared a memo which is enclosed.  January 25, 2024 – Beautification and Environmental Advisory Committee (BEAC) meeting - The BEAC was “in agreeance (with prohibiting signs in the ROW) as that would The pose too many safety concerns and also a lot of logistical issues that would be a ordin nightmare.” right-of-wa - The BEAC recommended by a 3-0 vote to approve the ordinance amending the sign code as presented, which prohibits any sign located within a right-of-way as regulated in Land Development Code Chapter 12.  February 21, 2024 – Planning and Land Development Regulation Board (PLDRB) Business Meeting - The PLDRB recommended by a vote of 7 - 0 to have City Council adopt the proposed ordinance amending the sign code as presented, which prohibits any sign located within a right-of-way as regulated in Land Development Code Chapter 12. Recommended Action: THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD (PLDRB) RECOMMENDED BY A VOTE OF 7 - 0 TO HAVE CITY COUNCIL ADOPT THE PROPOSED ORDINANCE AMENDING THE UNIFIED LAND DEVELOPMENT CODE - CHAPTER 3 ZONING USES, AND DIMENSIONAL STANDARDS, CHAPTER 12 SIGNS AND ADVERTISING, AND CHAPTER 14 GLOSSARY 104  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department FINANCIAL SERVICES Amount Division Account # Subject: RESOLUTION 2024-XX ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2023, AS PRESENTED BY JAMES MOORE & CO., P.L. Presenter: Shannon Boone, Chief Accountant Attachments: 1. Presentation 2. Resolution 3. Annual Comprehensive Financial Report Background: The annual audit has been completed by James Moore & Co., P.L., for the fiscal year ending September 30, 2023, and the Annual Comprehensive Financial Report has been prepared. Webb Sheppard, CPA from James Moore & Co., P.L., will present the audit report for review and acceptance by City Council. A copy of the report is attached as Exhibit A. Recommended Action: ADOPT RESOLUTION 2024-XX ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2023, AS PRESENTED BY JAMES MOORE & CO., P.L. 180  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department PUBLIC SAFETY Amount Division Account # Subject: RESOLUTION 2024-XX APPROVING A STATEWIDE MUTUAL AID AGREEMENT Presenter: Kyle Berryhill, Fire Chief Attachments: 1. Presentation 2. Resolution 3. Statewide Mutual Aid Agreement Background: Council Priority: B. Safe and Reliable Services The State of Florida Emergency Management Act, Chapter 252, Florida Statutes, authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of a disaster or emergency. The statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area. This Resolution authorizes the request, provision, and receipt of interjurisdictional mutual assistance in accordance with the Emergency Management Act, Chapter 252, Florida Statutes, among political subdivisions within the State. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A STATEWIDE MUTUAL AID AGREEMENT 394  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department CONSTRUCTION MANAGEMENT Amount & ENGINEERING Division ENGINEERING Account # Subject: RESOLUTION 2024-XX APPROVING THE SUBMISSION OF A FLORIDA INLAND NAVIGATION DISTRICT (FIND) GRANT APPLICATION FOR THE CONSTRUCTION OF PHASE 2A, ITEMS ASSOCIATED WITH ENHANCEMENT OF WATER ACCESS AT WATERFRONT PARK Presenter: Eric Gebo, Architect III Attachments: 1. Presentation 2. Resolution 3. Draft Application Background: Council Priority: D. Sustainable Environment and Infrastructure In 2008, the City provided affordable and enjoyable options for cultural, educational, recreation, and leisure-time opportunities with the construction of Waterfront Park. This park serves as connector to other public park attractions. An original Master Plan of Waterfront Park noted a dual designation as a waterfront amenity/park while recognizing it as a trailhead. The “Plan” highlighted numerous amenities of which many exist today. Constructed:  Parking lot  Picnic Pavilions (three along the waterfront)  Playground  Fishing Pier  Restroom facilities  Utilities and other essential infrastructure  Shoreline stabilization along Intracoastal Waterway Trail (FIND Property) and along Waterfront Park Not constructed:  Boat docking and launching capabilities On April 19, 2005, City Council gave approval to submit a grant application to Florida Inland Navigation District (FIND) for design and permitting funding for a double boat launch facility with access channel to the Intracoastal Waterway, and including associated paved trailer parking, docks, shoreline stabilization, and a fishing pier at Waterfront Park. The City of Palm Coast was awarded the grant with an estimated total cost of $414,026. On April 25, 423 2006, City Council entered into the grant agreement (FL-PC-05-12) for the amount $130,810 match for a total project cost of $261,620 after the original cost estimate was revisited. On February 19, 2008, City Council gave approval to submit a grant application to FIND for Construction of Phase I with an estimated cost of $360,000. On November 4, 2008, City Council entered into the grant agreement (FL-PC-08-14) for the amount $296,750 match for a total project cost of $593,500 after the original cost estimate was revisited. On April 7, 2020, City Council gave approval to submit a grant application to further enhance the recreational uses within the park and contiguous waterways, a non-motorized boat access through a floating pier structure, shoreline stabilization and dredging activities was proposed for the park. The improvements were associated with a larger conceptual plan to expand parking and traffic circulation within the site. Ample right-of-way stabilized grass parking along the north side of Waterfront Park Road will support any vehicles with trailers. The project was to enhance park users’ experiences by highlighting connections to other regional attractions via water-based activities. On October 20, 2020, City Council entered into a grant agreement (FL-PC-20-31) for the amount of $146,000 for Phase A, Part 1 of the project. On March 2, 2021, City Council gave the approval to submit a grant application to FIND for Construction of Phase I, Part 2 of the project. On November 16, 2021, City Council entered into a grant agreement (FL-PC-31-32) in the amount of $211,250.00. The Project associated with these 3 grants was completed in August of 2023. On March 1, 2023, City Council gave approval to submit a grant application to FIND for Construction of Phase II with an estimated cost of $1,409,628.00. City Council entered into a grant agreement (FL-PC-23-36) in the amount of $286,032.00. This agenda item is for approval to submit a FIND waterways assistance grant program application for the construction of Waterfront Park Phase 2A, of the project. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE SUBMISSION OF A FLORIDA INLAND NAVIGATION DISTRICT (FIND) GRANT APPLICATION FOR THE CONSTRUCTION OF PHASE 2A, ITEMS ASSOCIATED WITH ENHANCEMENT OF WATER ACCESS AT WATERFRONT PARK 424  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2024-XX APPROVING THE PROMENADE AT TOWN CENTER TECHNICAL SITE PLAN TIER 3 - APPLICATION NO. 5565 Presenter: Phong Nguyen, Senior Planner Attachments: 1. Presentation 2. Resolution 3. Staff Report Background: The applicant, PC Town Center Development II, LLC, has submitted a Technical Site Plan application for a mixed-use building having a total of 293,043 s.f. of building area and 204 multi-family units. The Promenade at Town Center comprises 17.35 +/- acres and is located at the SW corner of Bulldog Drive and Central Avenue. The development will be a key component of Town Center as it has about 1100 feet of frontage along Central Avenue and about 350 feet of frontage along Bulldog Drive. The first floor of this building will be utilized for commercial uses and are separated by frequent pedestrian or vehicular access points that allow pedestrians to go from the rear parking area to retail uses along Central Avenue and Bulldog Drive. Floors two through four are for multi-family uses and are connected by enclosed walkways. Since the building area is over 100,000 s.f. and/or there are over 100 units it is classified as a Tier 3 Technical Site Plan that requires review and recommendation by the Planning and Land Development Regulation Board (PLDRB) followed by final review and determination by the City Council. Technical Site Plans, including Tiers 2 and 3, do not require newspaper notification or the posting of the orange signs along the project’s frontage. The subject site is designated “DRI – Urban Core” and “Conservation” on the Future Land Use Map and as Town Center PUD on the Zoning Map. The Town Center PUD Land Use Map shows the subject property to be Tract 2 of this PUD and designated as “Urban Core”. The Urban Core area along Central Avenue is shown as “Main Street” on this PUD Land Use Map as it is intended to be developed in a manner that is very walkable and pedestrian friendly. Within Policy 1.1.1.1 of the Comprehensive Plan it also states, “With the exception of the DRI (Urban Core), which has higher densities and intensities associated with a traditional downtown area….”. The intersection of Central Avenue and Bulldog Drive was also envisioned to be the epicenter or “four corners” of Main Street. The Promenade at Town Center with 67,795 s.f. of commercial uses on the first floor and multi-family units on floors two, three and four is what was envisioned at this intersection. Summary of Findings: Planning staff have reviewed this Technical Site Plan in detail and determined this infill project will meet all standards of the Comprehensive Plan, the Town 489 Center PUD, and the Land Development Code to issue a Development Order. Planning and Land Development Regulation Board: The PLDRB meeting was held at 5:30 PM on February 21, 2024. The PLDRB found this project in compliance with the Comprehensive Plan and recommended approval to City Council of the Technical Site Plan by a 7 – 0 vote. Recommended Action: THE PLANNING AND LAND DEVELOPMENT REGULATION BOARD RECOMMENDS THE CITY COUNCIL FIND THE PROJECT IN COMPLIANCE WITH THE COMPREHENSIVE PLAN AND APPROVE THE PROMENADE AT TOWN CENTER, A TECHNICAL SITE PLAN TIER 3 - APPLICATION NO. 5565 490  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2024-XX APPROVING THE FINAL PLAT FOR SAWMILL BRANCH AT PALM COAST PARK PHASE 2B - APPLICATION NO. 5380 Presenter: Estelle Lens, AICP, Senior Planner; Dennis R. Leap, P.E., Site Development Manager Attachments: 1. Presentations 2. Resolution 3. Final Plat Background: This is a quasi-judicial item, please disclose any ex parte communication. The application, submitted by the applicant, Forestar (USA) Real Estate Group Inc., proposes to plat and subdivide approximately 124.73 acres of land into 252 single-family residential lots and 17 tracts. Sawmill Branch at Palm Coast Park Phase 2B is located west of the US 1 and Matanzas Woods Parkway roundabout and north of Sawmill Branch at Palm Coast Park Phase 2A. The Future Land Use is DRI Mixed-Use, and the Official Zoning is MPD (Palm Coast Park MPD). The Palm Coast Park MPD 4th amendment was approved in 2020 by the Palm Coast City Council. A site development permit was issued on November 1, 2021, in accordance with the approved construction plans filed with the approved preliminary plat. Prior to plat execution, the applicant is not required to provide a performance surety bond since all infrastructure within Phase 2B has been completed. The project meets the technical requirements of the City Code and Florida Statutes, Chapter 177 Florida Statutes. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE FINAL PLAT FOR SAWMILL BRANCH AT PALM COAST PARK PHASE 2B - APPLICATION NO. 5380 519  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department COMMUNITY DEVELOPMENT Amount Division PLANNING Account # Subject: RESOLUTION 2024-XX APPROVING THE FINAL PLAT FOR SEMINOLE PALMS PHASE 1 - APPLICATION NO. 5462 Presenter: Estelle Lens, AICP, Senior Planner; Dennis R. Leap, P.E., Site Development Manager Attachments: 1. Presentation 2. Resolution 3. Final Plat Background: This is a quasi-judicial item, please disclose any ex parte communication. The application submitted by the applicant, Kimley Horn and Associates, Inc., proposes to plat and subdivide approximately 67.80 acres of land into 159 single family residential lots and 24 tracts. Seminole Palms Phase 1 is located on the west side of Seminole Woods Blvd. approximately 1,650’ north of Grand Landings Parkway. The Future Land Use Map is Residential; and the Official Zoning is Master Planned Development (MPD). The Subdivision Master Plan was approved by the PLDRB on September 15, 2021; and the Preliminary Plat was approved on April 4, 2023. The Applicant was issued a Site Development Permit in April 2023 in accordance with the approved construction plans filed with the approved preliminary plat. Prior to plat execution, the applicant will be required to provide a performance surety bond of 120% of the infrastructure cost, which has not been completed, in the amount of $4,341,097.14. The project meets the technical requirements of the City Code and Florida Statutes, Chapter 177, Florida Statutes. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE FINAL PLAT AND AUTHORIZING THE MAYOR TO EXECUTE THE PLAT AND STAFF TO ISSUE A FINAL PLAT DEVELOPMENT ORDER FOR APPLICATION NO. 5462 539  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department PUBLIC WORKS Amount Over $50K Division FLEET Account # 65010071-052000 Subject: RESOLUTION 2024-XX APPROVING A PIGGYBACKING CONTRACT WITH MIDWEST MOTOR SUPPLY CO. 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) Palm Coast Public Works Department would like to continue partnering with Midwest Motor Supply Co., (Kimball Midwest) for the purchase of various parts and supplies for City fleet truck maintenance and repair. Source of Funds Worksheet FY 2024 FLEET FUND MACHINERY & EQUIPMENT OVER $5K 65010071-052000 $735,400.00 Total Expended/Encumbered to Date $639,874.41 Pending Work Order/Contracts $0.00 Current (WO/Contract) $0.00 Balance $95,525.59 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING PIGGYBACKING THE CONTRACT WITH MIDWEST MOTOR SUPPLY CO. 562  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department PARKS & RECREATION Amount OVER $50K Division Account # 21046010-052000-16021 Subject: RESOLUTION 20244-XX APPROVING A MASTER SERVICES AGREEMENT WITH MASTER PYRO DISPLAY, LLC FOR AERIAL FIREWORKS DISPLAY SERVICES Presenter: Brittany McDermott, Deputy Director of Parks & Recreation Attachments: 1. Resolution 2. Intent to Award 3. Project Overview 4. Draft Master Services Agreement Background: Council Priority: C. Safe and Reliable Services The July 4th fireworks are a highly anticipated and integral part of the United Flagler 4th event, a grand celebration hosted by the Flagler County Government, the Cities of Palm Coast, Flagler Beach, and Bunnell, and the Towns of Beverly Beach and Marineland. The City of Palm Coast and the Flagler County Government provide funds for the aerial display. In accordance with the City’s Purchasing Policy, City staff advertised a Request for Proposal: RFP-PR-24-30 – JULY 4TH AERIAL FIREWORKS. The City received two (2) responses. The evaluation team ranked the qualifications and selected Master Pyro Display, LLC to conduct the services. City staff anticipates a cumulative amount of over $50,0000 during the Master Service Agreement’s lifespan, which includes the initial one (1) year duration with the possibility of renewal for two (2) successive periods not to exceed one (1) year each. However, staff intends to utilize only budgeted funds appropriated by City Council per fiscal year. Fiscal Year 2024 Special Events Fund th July 4 Fireworks 21046010-052000-16021 Original Budget $34,000.00 Current Contract $29,850.00 Balance $4,150.00 Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING A MASTER SERVICES AGREEMENT WITH MASTER PYRO DISPLAY, LLC FOR AERIAL FIREWORKS DISPLAY SERVICES 727  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department WATER AND WASTEWATER Amount AS NEEDED PER UTILITY APPROVED BUDGET Division Funding UTILITY OPERATIONS BUDGETED FUNDS # 54019083 046000 # 54019084 034000 # 54019085 034000 # 54019086 034000 # 54019087 034000 Subject: RESOLUTION 2024-XX APPROVING PIGGYBACKING ORANGE COUNTY, FLORIDA CONTRACT WITH DSI INNOVATIONS FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SERVICES Presenter: Peter Roussell, Utility Deputy Director Attachments: 1. Resolution 2. Engagement Letter Background: Council Priority: D. Sustainable Environment and Infrastructure Water Plant 3 and Wastewater Plants 1 & 2 have Programmable Logic Controllers (PLCs) which control automated functions within the plants. These PLCs continuously scan items within their network, update trends, and perform other various automated functions. There are two major components of the PLCs the stored program and the hardware that it operates. Every so often, the PLC programs need to be updated for new processes or for general maintenance. For these functions, an integrator is needed. An integrator is someone familiar with various PLC programs and platforms. In a previous City bid, a contract was awarded to an out-of-state integrator. The PLC technicians were not able to get to the sites quickly and there were a lot of travel costs. The contract went mostly unused because of the lack of expedited service and overall costs for services performed. Expedited service is an important factor since a large portion of one of the water or wastewater plants could be non-operational because of the issue. Recently, the IT Department was starting the Supervisory Control and Data Acquisition (SCADA) upgrade project. DSI came in as a third-party integrator to perform various groundwork functions such as retrieving the programs off all the utility’s PLCs. DSI was able to work through all three of the platforms currently being utilized. During the process, DSI proved they had the capability to handle large projects and PLC maintenance. 753 DSI has an office located in Jacksonville and has responded to emergency service within an hour’s notice. DSI has shown that they have the capability to troubleshoot complex issues and restore the PLC function in a short amount of time. DSI has offered a piggy- back of a much larger contract with Orange County that was competitively bid. The current piggyback dollar amount with DSI is being expanded so that all maintenance and emergency repairs are covered. City staff is recommending piggybacking Orange County, FL. Contract (Y-19-198B) with DSI Innovations for Supervisory Control and Data Acquisition (SCADA) Services. Piggybacking existing competitively bid contracts is advantageous since the pricing is generally better than what the City could obtain on its own, and the City does not incur the expense and delay of soliciting a bid. City staff will purchase these services using budgeted funds appropriated by City Council. The Fiscal Year 2024 Budget includes available funding for these services. These services will be purchased on an as-needed basis. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING PIGGYBACKING ORANGE COUNTY, FLORIDA CONTRACT WITH DSI INNOVATIONS FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SERVICES 754  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department PUBLIC WORKS Amount $25,000 Division FLEET Account # Fleet Revenue - 65010000-364000 Subject: RESOLUTION 2024-XX APPROVING THE SALE OF FIRE APPARATUS ENGINE 23 TO THE CITY OF LIVE OAK, FLORIDA Presenter: Matthew Mancill, Director of Public Works Attachments: 1. Resolution 2. Ordinance – Procurement Policy- Section 2.28 3. Correspondence Background: Council Priority: A. Strong Resilient Economy The Fleet division of the City of Palm Coast is seeking approval for the disposal of Asset #1576/Engine 23 by sale to the City of Live Oak’s Fire Department (LOFD) in the amount of $25,000.00. The City code 2-28 – Disposal of Surplus Property provides that “Surplus property may be disposed of by trade, sealed bid, donated, or sold at public auction depending on the item, its value, or other factors all as may be in accordance with law and City policy. If the surplus property is determined to be only of scrap value or have no commercial value, City staff is authorized sell the surplus property as scrap if possible or dispose in any other appropriate manner. City Council may approve of disposal of surplus property that has commercial value by any method other than as provided herein.” This sale would be most advantageous and in the best interest of the city as opposed to being sold at public auction as LOFD is ready to pay $25,000.00 for Engine 23 and the last two pieces of fire apparatus which were sent to auction only netted $14,500.00 for one and $15,400.00 for the other. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING THE SALE OF FIRE APPARATUS ENGINE 23 TO THE CITY OF LIVE OAK, FLORIDA 906  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department CITY ADMINISTRATION Amount Division Account # Subject: RESOLUTION 2024-XX APPROVING AN INTERLOCAL AGREEMENT WITH THE FLAGLER COUNTY SUPERVISOR OF ELECTIONS Presenter: Kaley Cook, City Clerk Attachments: 1. Resolution 2. Interlocal Agreement Background: A City election for Mayor and City Council Districts seats 1 & 3 will be held during the Flagler County Primary and General Election in 2024. Since 2009, the Flagler County Supervisor of Elections Office has provided election-related services to the City through the attached recurring interlocal agreement. The services to be provided are outlined in the agreement, but a few key points are outlined below:  The Supervisor shall conduct the City of Palm Coast 2024 Municipal Elections in accordance with Chapters 97 – 106, Florida Statutes.  The Supervisor shall allow the City Clerk to attend and participate in meetings and trainings regarding the elections, including poll worker training.  The Supervisor will allow the use of online campaign finance reporting for City candidates in accordance with Section 2-37(f) of the Code of Ordinances, City of Palm Coast, Florida.  The Supervisor is responsible for coordinating the production and mailing of sample ballots to all registered voters in the City.  Election costs shall be borne by the Supervisor except as further provided in the agreement. The term of this Agreement shall commence upon its filing with the Clerk of the Circuit Court and shall be in effect only for the 2024 City of Palm Coast Primary and General Elections. Recommended Action: ADOPT RESOLUTION 2024-XX APPROVING AN INTERLOCAL AGREEMENT WITH THE FLAGLER COUNTY SUPERVISOR OF ELECTIONS 922  City of Palm Coast, Florida Agenda Item Agenda Date: March 19, 2024 Department FINANCIAL SERVICES Amount Division Account # Subject: REPORTING OF EMERGENCY & SOLE SOURCE PURCHASES FOR FEBRUARY 2024 Presenter: Denise Bevan, City Manager Attachments: 1. Emergency & Sole Source Purchase Report Background: Attached is a list of all emergency and sole source purchases for the month of February 2024, in accordance with Sec. 2.25 of Chapter 2, Article 1 Division 3 of the Code of Ordinances of the City of Palm Coast (Procurement Policy). Recommended Action: FOR REPORTING ONLY - VIA CITY MANAGER COMMENTS 937