REGULAR CITY COMMISSION MEETING
MONDAY, MAY 19, 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 - May 5, 2008.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS:
A. Proclamation - National River Cleanup Week - May 19, 2008. 6. PUBLIC FORUM - Citizen comments for items not on the agenda.
(4 minute maximum length) CONSENT All items marked with an * will be considered by one motion
AGENDA: unless removed 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.
7. CONSENT AGENDA: *A. Request for approval of Student Scholarship Awards for FY 07/08. The City Commission approved the development of a City Scholarship Program to provide opportunities for the youth of Deltona to obtain financial assistance to attend a Florida college or university. Eligible recipients must live in Deltona, may attend a Deltona high school, be home schooled or attend schools outside of Deltona, or obtain a GED. Applicants were ranked based on Financial Need; Academic Achievement; School, Community and/or Leadership Activities; Special Skills and/or Talents; and an Essay. The Scholarship Selection Committee is scheduled to meet on Wednesday, May 14th to rank each applicant. The City Manager's Office will provide a spreadsheet prior to the May 19th Commission Meeting that will illustrate the Committee's decisions. All decisions of the Commission concerning the selection of scholarship awards are final. *B. Request for Approval of Commission Policy #CC08-01, City Facilities Naming Policy. In October 2007, the City's Senior Advisory Sub-Committee proposed that a "Facility, Building and Park Naming Policy" be considered. The final draft was reviewed by the City Commission during the April 14, 2008 Workshop. During a subsequent City Commission meeting of May 5, 2008 staff was directed to address the following issues in revising the policy a final time: 1.) Facilities could be named after a living or deceased person.
2.) Person must be a resident of Delton.
3.) Policy should reflect staff review of the application; verification of completeness; and then, be passed on to the City Commission for a decision.
4.) This policy will not include "Street Naming".
5.) This policy will not deal with "Naming Rights".
6.) This policy does not deal with naming "parts of a whole", such as a room within a building or a picnic pavilion in a park. In accordance with City Commission direction, the Naming or Re-Naming Policy has been revised to reflect items 1-6 as noted above.
Staff recommends that the City Commission consider such a policy as the City now have numerous public resources which could be named giving significance to the historical, cultural and geographical location of our public parks, buildings and facilities. The benefits to this policy include: assuring public facilities are easily identified; names are consistent with the values and character of the City; and, dedications of public places can lead to encourage financial donations by individuals, groups and corporations. *C. Resolution No. 2008-18, Authorizing two temporary leasing signs measuring 160 sq. ft. for property located within the Activity Center DRI. Jim McMullen, on behalf of 1-4 Howland Investments, requested that staff process a temporary leasing sign permit. However, the Deltona sign code does not specifically provide dimensional requirements for leasing signs. The code does allow for real estate signs and construction project signs, and in reading those requirements, one could come to few common sense approaches to handling the applicant's request. Section 102-3 (19), Deltona Code of Ordinances allows six square feet of real estate sign per parcel of land, and these signs are exempt from any permitting requirements. The applicant is requesting a total of 320 square feet of temporary sign area amongst two freestanding signs. The total number of parcels owned by the applicant within the 150 acre project site is much greater than 40 parcels. Therefore, the request for two temporary freestanding signs at 160 square feet each, advertising leasing availability for the project is not unreasonable.
On March 17, 2008, the City Commission adopted Resolution No. 2008-11 to allow the temporary leasing signs with special conditions. On May 5, 2008, the agent for the property owner submitted for a temporary sign permit in accordance with the resolution. The temporary sign permit was denied by staff because the proposed signs exceeded the maximum height requirement of the adopted resolution. Condition three of the resolution states that the maximum height of the temporary leasing sign shall not exceed 10 feet, measured from the average grade to the top of the temporary sign.
The property owner has requested a revision to the resolution to allow fourteen (14) feet in height, measured from average grade to top of the sign. Staff has no objection to the request and has processed the request for City Commission consideration. *D. Request for approval of replacement of Wes Crile Park playground equipment.
The Parks and Recreation Department is seeking to purchase a playground structure as a replacement. This playground is located near the SPLASH feature at Wes Crile Park and is situated near existing picnic pavilions. This structure will be designed for ages 5-12 years, is installed on a rubberized surface and is handicap accessible. This purchase is necessary due to our having to remove the previous playground due to unsafe conditions. This particular playground is accessed daily by more than 100 children and their parents. A replacement as soon as possible permits us to accommodate our customers who have come to depend on this facility.. To purchase this item, and as allowed in City/State policy, staff is recommending that the City piggyback Osceola County School Bid Contract #SDOC-06-57-CJ which was solicited by Osceola County. The County of Osceola approved award and entered into a contract with Advanced Recreational Concepts, LLC providing "BCI BURKE-Premier Play Environments".
8. ORDINANCES AND PUBLIC HEARINGS:
A. Public Hearing - Resolution No. 2008-17, Final Assessment Resolution for the creation of the Croton Avenue Streetlighting District. The City has received a petition requesting the creation of a new Streetlighting District for Croton Avenue. The petition bears twenty-six (26) signatures representing 59% of the property within the proposed boundaries. The proposed District will include the installation of seventeen (17) 100-watt cobrahead street lights on existing overhead distribution poles. Forty-four (44) platted lots of approximately equal size exist within the proposed streetlighting district. The estimated annual charge per platted lot for the first year is $80.36. The estimated annual charge per platted lot for second and subsequent years is $41.73.
The preliminary assessment resolution for this District was unanimously approved on April 19th; this is the final step in the creation of the new Croton Avenue Streetlighting District. B. Public Hearing - Ordinance No. 11-2008, Providing for a rezoning from R-1, Single Family Residential to BPUD, Business Planned Unit Development on a 12.51 acre on property located at 120 Howland Blvd., for first reading; Applicant: DeBary Holdings, LLC. On December 6, 2006, DeBary Holdings, LLC submitted an Application for a Rezoning from R-1 to Business Planned Unit Development (BPUD) for a 12.51 acre parcel located directly across from the existing Walmart store on Howland Boulevard on September 22, 2006. Together with that application the applicant has also provided a Development Agreement, a Traffic Impact Analysis and a Master Development Plan. Applicant presented the Master Development Plan to the Development Review Committee on August 23, 2007, at which time the project was continued to allow the applicant the opportunity to revise the Master Development Plan to address staff comments. Subsequent to the DRC meeting the applicant has revised the Master Development Plan and Development Agreement to address staff's concerns. The Master Development Plan proposes a 7-lot subdivision. Lots 1 through 5 are out-parcels fronting onto Howland Boulevard and are proposed future retail and/or restaurant sites. Lots 6 and 7 are behind the out-parcels and are proposed as 48,500 square feet of retail space with 226 parking spaces. The Master Development Plan also provides for public access to the properties to the east, north and south, thereby reducing the number of driveways required for future developments fronting onto Howland Boulevard and State Road 415. On April 16, 2008, the Planning and Zoning Board held a public hearing regarding this request. Two members from the public spoke against the proposed change to the official zoning map because of the potential increased traffic. The Board voted unanimously to forward Ordinance No. 11-2008 to the City Commission with a recommendation of consideration of approval, with the revised Development Agreement that was presented at this meeting. Staff explained the Proportionate Fair Share Analysis and construction timing of SR415, along with the cross access easement exhibit. If approved at first reading, the Ordinance will be scheduled for second and final reading on June 2, 2008. C. Public Hearing - Resolution No. 2008-12, Providing for a zoning variance to reduce the rear landscape buffer from 40' to 10' on property located at 500 Howland Blvd.; Applicant: Zev Cohen & Associates, Inc. (Project No. VR08-005). The developer, the Ferber Corporation, is proposing to construct a 14,820 square foot Walgreens store with drive through on a 4.45 acre parcel located at the southeast corner of Howland Boulevard and Fort Smith Boulevard. The developer asserts that special circumstances exist that would justify the granting of the requested variance; that being the long and irregular shape of the parcel. The developer has presented exhibits showing that approximately 25% of the site would be required for landscape buffers if all buffering requirements were met and that at one point the linear distance from the front landscape buffer to the rear landscape buffer is 111 feet, more or less. Planning & Zoning Board: The Planning and Zoning Board held a public hearing on April 16, 2008. Subsequent to Board discussion and concerns expressed by neighboring residents the applicant agreed to amend the site plan by eliminating 7 parking spaces behind the building and move the visual screen further onto the site, effectively increasing the landscape area adjacent to the single family residences. Based on this compromise, the Planning and Zoning Board voted unanimously to forward Resolution No. 2008-12 to the City Commission with a recommendation of approval with the following conditions: 1. That the developer construct a 6 foot high permanent visual screen along all property lines abutting residentially zoned property as shown in the exhibit to the resolution.
2. That the developer be required to increase the DBH of all shade trees planted along the rear property line from the minimum required 1 1/2 inch DBH to 3 inch DBH, to be planted at a rate of 3 shade trees per 100 linear feet of rear property line. Staff Recommendation: Staff recommends that the City Commission considers the granting of variance VR08-005, reducing the rear landscape buffer from 40 feet to 10 feet for the property located at 500 Howland Boulevard with the conditions recommended by the Planning and Zoning Board. D. Ordinance No. 21-2007, Amending Article I, "Traffic and Regulations", of Chapter 66, "Traffic and Vehicles", of the City's Code of Ordinances, to better regulate parking of vehicles on private property and City rights-of-way, for first reading. The City has received numerous complaints relating to parking issues within the City limits and desires to make changes to the current ordinance to better regulate parking of vehicles on private property and on City rights-of-way. If approved at first reading, the Ordinance will be scheduled for second and final reading on June 2, 2008. E. Ordinance No. 32-2007, Amending Article I, "Traffic and Regulations", of Chapter 66, "Traffic and Vehicles", of the City's Code of Ordinances, relating to the issuance of parking tickets, for first reading.
Various provisions of the City ordinance relating to the issuance of parking tickets have become obsolete or inapplicable to current City operations and it has been determined that revisions to the ordinance are warranted to more accurately and efficiently provide code enforcement services. If approved at first reading, the Ordinance will be scheduled for second and final reading on June 2, 2008.. 9. OLD BUSINESS: 10. NEW BUSINESS: A. Discussion re: Plan for use/functionality of the proposed Social Services Complex. In an effort to bring more awareness of social services in our community, the City of Deltona hosted their first annual Social Services Summit at City Hall on October, 12, 2006 to find out if any services are being duplicated in our community and to look at better ways of communicating what services are available to our residents. On December 14, 2006, the Commission met to review staff's report that indicated several overlapping issues, including transportation for residents needing services, decreased state and federal funding for non-profit agencies, lack of support from a viable economic community, better communication of the services that are available and the lack of affordable locations to house non-profits. The City Commission directed staff to create a list of suitable and available properties that could be developed into a Social Service Center. Two City Commission workshops were held to discuss selection of possible sites. The first on May 14, 2007, and on June 7, 2007 at the second workshop, the building at 1691 Providence Blvd. was selected as the location for the first Social Services Center in Deltona. The building would be renovated by the City with an open floor plan, offices, and more common area. Agencies would be offered a year to year lease and in three years the entire situation would be re-evaluated.
PROPOSED OCCUPANCY PLAN
The following plan was presented at the April 14, 2008 workshop with minor changes to the floor plan to accommodate the space needs of the proposed occupants and a reduction of leasable space due to an increase in common area to account for exterior and interior wall calculations. The building will offer vital human services administered by local non-profits, city, county, state and federal agencies in a one-stop-service center; sharing common areas to provide emergency services to the underprivileged and self-sufficiency programs to housing needs for the low and moderate income households. Residents will be able to access the building from the Votran Transportation Service and visit the Information/ Resource Center to find services available in our community. Visitors will find brochures and fliers announcing current events, a kiosk with links and internet access to local service providers, and a designated phone line for direct calling access to Volusia First Call For Help "211" Call Center for services throughout Volusia and Flagler counties. The following is the proposed Social Services Center Occupancy and Space Plan:
PROPOSED OCCUPANCY AND SPACE PLAN FLOOR PLAN - 7,236 sq. ft. Common/Shared Areas (3,052 sq. ft.)
ﾧ Information/Resource Center
ﾧ Restrooms, Kitchen, Break-Room, Walkways
ﾧ Utility Closets
ﾧ Customer Service Counter
ﾧ Multi-Use Meeting Room Leased Space (4,184 sq. ft.)
ﾧ Volusia Community Assistance & Veteran Services
ﾧ Community Life Center
ﾧ Deltona Community Development
ﾧ Department of Children & Families
ﾧ United Cerebral Palsy Staff is requesting authorization to relocate Community Development personnel to the Social Services Center to administer the state and federal programs designated primarily for low income households and CDBG Incentive Areas. Community Development will serve as the coordinator for volunteer services, Property Manager overseeing the Information/ Resource Center, contact for building maintenance needs, act as Leasing Agent when vacancies occur and for conflict resolution from internal and external customers. A temporary position is recommended to maintain the Customer Service/Receptionist counter due to the design and use of the building. A City representative must be available for phone coverage, customer service needs generated from the Information Kiosk, upkeep of the Resource Center and to monitor the security system installed throughout the building. Funding for this position will be generated from the rental income and subsidized through the SHIP/CDBG grants as an eligible administrative cost. BUDGET (Based on estimated operating and start up costs.)
The Social Services Center features common areas and shared office space at an affordable rental rate for non-profit organizations; generating sufficient revenue to cover operating, maintenance and staffing needs. Operating Costs = $56,670
Start-up Costs = $10,000 (One Time Cost)
Rental Rate @14 sq. ft. & Grant Admin. Revenue =$56,670
Upon approval of the Social Services Occupancy Plan and verification of operating costs, start-up fees and leased floor space; rental rates will be finalized. All budget amendments and Lease Agreements will be presented for approval by the City Commission at a regular scheduled meeting of the City Commission. Renovations to the building are near completion with a final walk through scheduled for May 27, 2008; pending drainage and parking improvements through the City. Occupancy is expected in July or August, 2008. 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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