REGULAR CITY COMMISSION MEETING
TUESDAY, JANUARY 22, 2008
6:30 P.M.
DELTONA COMMISSION CHAMBERS
2345 PROVIDENCE BLVD.
DELTONA, FLORIDA
AGENDA
1. CALL TO ORDER 2. ROLL CALL - CITY CLERK 3. SILENT INVOCATION AND PLEDGE TO THE FLAG:
4. APPROVAL OF MINUTES & AGENDA: A. Minutes: Regular City Commission Meeting - January 7, 2007.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS: A. Presentations - Quarterly Board Reports of City Advisory Boards/Committees: • Beautification Advisory Board - Al Manassa, Chair
• Economic Development Advisory Board - Nick Conte, Chair
• Firefighters' Pension Plan, Board of Trustees - Plan Administrator Lisa Spriggs
• Parks & Recreation Advisory Committee - David McKnight, Chair
• Citizen Accessibility Advisory Sub-Committee - Danah Grant, Chair
• Senior Advisory Sub-Committee - Eileen Gallagher, Chair
• Youth Advisory Sub-Committee - Richard Collazo, Chair
• Planning & Zoning Board - Wesley Kihlmire, Chair CONSENT All items marked with an * will be considered by one motion unless removed
AGENDA: from the Consent Agenda by a member of the City Commission. If an item is removed for clarification only, it will be discussed immediately following action on the Consent Agenda. If an item is removed for further discussion, it will be discussed under New Business immediately following the last listed item. 6. CONSENT AGENDA: *A. Consideration of Halifax Humane Society Contract.
The Department of Enforcement Services utilizes Halifax Humane Society to house, care for and the humane disposition of impounded animals. The changes in this year's contract include an increase in fees from $70 to $80 per animal per day for the 3 day impound period, and the current budget is based on this increase. For several years these costs did not increase, but this latest change reflects an annual rate increase of 14.3%, and over the past four years the rates have doubled, with an increase of $10 per year. The number of animals impounded has been relatively stable. Last year Deltona spent about $191,000 for this service with the two humane society locations, and although the South East Volusia Humane Society has not increased rates at this time, the City has been notified that the rates will increase for South East next year as well. We are reviewing other options with the other local governments in Volusia County, but at this point do not have reasonable solutions. *B. Consideration of Southeast Volusia Humane Society Contract. The Department of Enforcement Services utilizes South East Volusia Humane Society to house, care for and the humane disposition of impounded animals. There are no changes to this year's contract. *C. Request for waiver of fees - Deltona Little League - Opening Day Parade - March 15, 2007. The City has received a request from Lucky Johnson, President, Deltona Little League for waiver of the fees to be charged by the Volusia County Sheriff's Department in conjunction with providing a moving escort for their Opening Day Parade. The parade route is approximately 2.7 miles, from Deltona Middle School to Vann Park and is scheduled for March 15, 2008. The costs associated with the request for waiver of associated costs and in-kind services from the Sheriff's Department includes the following: Permit fee - $ 50.00
Parks & Recreation - No fees
Fire/Rescue - No fees
Sheriff's Dept. - 540.00
Public Works - No fees
Total - $ 590.00 *D. Award of Bid # 0830 - GPS Mapping Equipment for Data Mapping. Purchasing received one response to Bid Number # 0830 - GPS Mapping Equipment for Data Mapping. The GPS Mapping equipment would provide RTK (Real Time Kinematic) data to further develop the City's current GIS system. This equipment will be used to build upon the data provided by Volusia County and existing City data. The equipment will allow the City to develop its own data collection capabilities. The data collected and mapped will accentuate the efficiency and capability of all the city departments. One bid was received from the following company. • GPServ, Inc. $57,645.20 Only one vendor submitted a bid for the GPS Equipment. This high precision equipment is extremely delicate and few vendors have the facilities to maintain and service the equipment. In order to maintain and/or repair the equipment facilities must be in the region to provide adequate service. The bid was solicited to 222 suppliers; only eight companies downloaded the bid packet. Staff received a bid from GPServ of Sanford, FL; Southern Laser of Tampa stated they wanted to bid but could not because of vacation schedules and misplacing the documents; ESRI of Redlands, California welcomed the opportunity to bid but declined. Staff was in contact with both of the Central Florida suppliers before the bidding began and their prices were very competitive.
7. PUBLIC FORUM - Citizen comments for items not on the agenda.
(4 minute maximum length)
8. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Ordinance No. 17-2007, Amending the Zoning Code to Provide for the Use of Temporary/Portable Storage Units on Residentially Zoned Property, for second and final reading. Temporary portable storage units are containers owned by a company and delivered directly to the customer's residence. The customer may load the container with their possessions. The container may remain at the customer's residence as additional storage, may be moved to the storage warehouse or may be moved to a new location for unloading. Another use for temporary portable storage units is as a temporary secure hold for possessions during home remodeling projects. Although residents of the City of Deltona have been using temporary portable storage units, there is no provision in the Code of Ordinances to permit this use. In April of this year, the City Commission requested that staff initiate draft regulations that address portable storage units. Staff reviewed ordinances from five other jurisdictions within Florida and communicated with members of the temporary portable storage unit industry to learn more about the types of uses these storage units serve. Members of the industry were asked for and provided input into an ordinance that would permit this use. The Planning and Zoning Board reviewed the draft ordinance at its July 18, 2007 workshop. Members of the industry were invited and attended the workshop. At the conclusion of a full review of this issue, the City Commission preferred the simplicity of the City of Holly Hill's portable temporary storage unit ordinance and directed staff to draft an ordinance similar to the ordinance used in Holly Hill for the City of Deltona. On January 7, 2008, the Commission requested the following changes be made to the Temporary Portable Storage Unit Ordinance. The Ordinance before the Commission today reflects these changes. • The maximum number of temporary portable storage units is two per lot at any one time.
• A temporary portable storage unit shall have the name, current telephone number and address of the company providing the temporary/portable storage unit clearly displayed on the unit. This Ordinance was approved at first reading on January 7th, and is now scheduled for second and final reading. B. Public Hearing - Ordinance No. 02-2008, Abandoning a portion of a right-of-way generally located on the North side of Saxon Blvd., Southeast of the intersection of Saxon Blvd. and Merrimac Drive, for second and final reading. On August 25, 2007, the City of Deltona received an application for the abandonment of Road B, as shown on the plat of Retirement Community at Sterling Park MPUD, as recorded on Plat Book 53, Pages 59 and 60. The property owner's justification for the request is the fact that the construction of a public road within platted Road B would require the abandonment of the existing, adjacent driveway serving the Saxon Medical Park Condominium, which is beyond the property owners control. Without the abandonment of the existing driveway Volusia County would not permit a second connection at this location onto Saxon Boulevard, a Volusia County maintained Road.
Official Records Book 5825, Pages 1350 through 1370 contains the final Development Agreement and Grant of Cross Access Easement for this project. Section 10(d) provides for this action with the following language "If Road B is not built as a local street, the east/west connection from Sterling Silver Boulevard to the School Board site to the east shall be considered a local road A with a minimum right-of-way width of fifty (50) feet, dedicated to the City of Deltona."
The applicant has provided with this petition a Special Warranty Deed to be filed with the Clerk of Court granting unto the City Tract A, as shown on the recorded plat, thereby creating the fifty (50) foot right-of-way described in the above paragraph. The improvements within Tract A are being constructed in accordance with the requirements of a local street, also as required in the Developer's Agreement. In addition, the applicant has provided Access and Utility Easement agreements in favor of the City of Deltona, also to be filed with the Clerk of Court, to provide for those utilities to be constructed within the platted right-of-way of Road B. The applicant has also provided, as required, evidence of ownership, proof of taxes paid, and letters of no objection from the utility providers in this area. This Ordinance was approved at first reading on January 7, 2008 and is now scheduled for second and final reading. C. Public Hearing - Ordinance No. 34-2007, Amending Chapter 46, Firefighters' Pension Plan, by amending the definition of creditable service, and other provisions related to the Firefighters' Pension Plan, for second and final reading. This proposed Ordinance includes a number of changes resulting from recent amendments to the Internal Revenue Code which apply to tax qualified pension plans such as the City's Firefighters' Pension Plan. Optional Forms of Benefits, has been amended to reflect revised IRS limitations on the calculation and payment of the Joint and Survivor benefit option.
Distribution of Benefits, has been amended to incorporate changes to the minimum distribution requirements of Internal Revenue Code Section 401 (a)(9). These changes are based upon model language supplied by the IRS for inclusion in tax-qualified pension plans.
Various sections of the Plan have also been amended to eliminate any mandatory cash distributions in excess of one-thousand dollars. These changes are proposed to eliminate the effects of a new Internal Revenue Code (401 (a)(31)(B)) provision that would require the Board of Trustees to establish an IRA for any member or former member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover of the amount to be distributed. Scott Christiansen, of Christiansen & Dehner, P.A., as the Firefighters' Pension Plan, Board of Trustees' legal counsel, has prepared this subject Ordinance and is recommending it for approval by the City Commission. The Board of Trustees have also reviewed the Ordinance and are recommending it for approval.
This Ordinance was approved at first reading on December 17, 2007, and is now scheduled for second and final reading. D. Public Hearing - Resolution No. 2007-45, Granting a conditional use application to permit a driving school within a PB, Professional Business Zoning District on property located at 618-A Deltona Blvd.; Applicants: Antonio & Migdalia Jimenez, Owners (Project No. CU07-005) (QUASI-JUDICIAL PROCEEDING). The City of Deltona has received an application for a conditional use to permit a driving school within a Professional Business zoning district at 618 Deltona Boulevard. A school is a permitted conditional use within Professional Business zoning districts. There are currently two buildings on the lot. One of the buildings is being used as a single family residence. The proposed driving school would be in the second building. Section 110-810.06 provides minimum off-street parking spaces; however, it does not specifically mention driving schools. The Code dictates that if the minimum and maximum number of parking spaces required for any use is not specifically mentioned, the number of parking spaces shall be determined by the zoning enforcement official based upon data from the Institute of Transportation Engineers Parking Generation Manual, publications and data from the American Planning Association or the Urban Land Institute. Parking Standards, Edited by Michael Davidson and Fay Dolnick for the American Planning Association, lists a standard of one parking space for each classroom seat, at maximum seating capacity. The applicants provided a letter with the Conditional Use application stating that the proposed driving school would accommodate 5 to 15 students per class. Pursuant to discussion at the Planning and Zoning Board public hearing, the applicants agreed to limit the class size to six or less students. Applying the standard provided by the American Planning Association Parking Standards, the applicant must provide six parking spaces for the proposed driving school plus two parking spaces for the single family residence for a total of 8 parking spaces. According to staff calculations and based on the size of the existing paved area, the site could accommodate the required eight parking spaces. The property to the north, south and east is zoned PB, Professional Business and to the west is Interstate 4. The purpose of the Professional Business zoning classification is "to establish a transitional zone between high volume streets and single family residential areas, and between higher intensity development and single family residential areas. The Professional Business Zoning District is established in areas that are transitional in character. Therefore, a mix of single family and compatible office development, with some retail sales, is permitted." Schools are a permitted conditional use within the Professional Business zoning classification. If approved with the condition that no class size may exceed six students, the applicant would be required to meet the existing building codes. Planning & Zoning Board: The Planning and Zoning Board held a public hearing regarding this request on December 19, 2007. Staff provided a report. Pursuant to discussion, the applicants stated they would restrict the number of students to six so they could meet the parking requirements. The Board explained that if approved with the condition that the school accommodate no more than six students per class a violation of this condition could result in revocation of the conditional use. The applicants said they could increase the class offerings from twice a week to three times a week to make up for the smaller class size. The Board voted unanimously to forward Conditional Use Application CU07-005 to the City Commission with a recommendation of approval with the condition that the class size be limited to six students per session. Staff Recommendation: Staff finds that by limiting the number to students to six or less, the applicant can meet the parking requirements set forth by Parking Standards, American Planning Association of one parking space for each classroom seat, at maximum seating capacity plus the two required parking spaces for the single family residence also located on the site. Based on the condition that the number to students shall be limited to six or less at any one time, staff recommends approval of the proposed conditional use. 9. OLD BUSINESS: 10. NEW BUSINESS: A. Consideration of request from Brian Radenberg of 3051 Snow Drive, Deltona, Florida 32738 for a waiver or exemption to City Ordinance 14-3 (a) (1) to keep venomous reptiles in the City. Mr. Brian Radenberg, of 3051 Snow Drive, Deltona, raises venomous snakes and sells snakes and venom from his home. Mr. Radenberg is licensed by the State to do so, and has done so for some time with the understanding that his State license gives him permission to do so in Deltona. City Ordinance 14-3 (a) (1) prohibits the keeping, maintaining or raising of venomous reptiles within the City. Enforcement Services learned of this and has issued Mr. Radenberg a Notice of Violation for being in violation of this ordinance. Mr. Radenberg has requested a waiver or exemption to keep his venomous snakes in the City. B.Resolution No. 2008-02, Amending Resolution No. 2003-29, By Replacing Table 3.1, "Base Facility Charges" with a new Table 3.1 entitled "User Rates and Charges", and Repealing Table 3.2, "Gallonage Rate Per 1,000 Gallons". With the 2005 renewal of the City's Consumptive Use Permit (CUP,) the City of Deltona was required to adopt conservation rates for the City's water billing system, with higher rates for higher consumption to discourage water use. The Resolution before the Commission adopts conservation rates in Deltona. This has been a continuing issue as the City has developed and negotiated these rates. The reasons behind block, or conservation, rates were reviewed with the City Commission in early 2006 and again during the budget discussions in 2007. The City Commission retained the services of Tetra Tech HAI, Engineering Consultants, to develop an inclining block water rate structure as required by the SJRWMD to encourage water conservation. Tetra Tech HAI prepared the "Deltona Water and Wastewater Rate Study", which contains a detailed analysis of the system's customers and accompanying usage characteristics, necessary for the calculation of the monthly user rates and charges.
On July 27 2007, the St. John's River Water Management District ("SJRWMD") notified Dave Denny, at that time the City's Water Department Director, that pursuant to condition 22 of the Deltona Lakes Consumptive Use Permit Number 8685, issued on September 13, 2005, the City needs to submit to the District for its review, approval, and subsequent implementation, an inclining water conservation rate structure. Based on the review and analysis discussed in the study, the City Commission needs to adopt the recommended user rates and charges, and apply such rates to customers based on the proposed rate structure modifications. 11. CITY COMMISSION COMMENTS: 12. CITY ATTORNEY COMMENTS: 13. CITY MANAGER COMMENTS:
14. ADJOURNMENT:
NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at least three (3) working days in advance of the meeting date and time at (386) 878-8100.
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