REGULAR CITY COMMISSION MEETING
MONDAY, MARCH 17, 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 - March 3, 2008.
B. Additions or Deletions to Agenda. 5. PRESENTATIONS/AWARDS/REPORTS:
A. Certificate of Recognition - Kang Liu. B. Certificate of Recognition - Jordan Hundley. C. Presentation - Tree City Award Designation. 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 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. 7. CONSENT AGENDA: *A. Resolution No. 2008-09, Declaring certain property of the City as Surplus and Authorizing the Sale of Disposal of such property. Over time certain items of the City become obsolete or lose their usefulness via replacement, upgrade, or they are no longer functional and need to be declared surplus or disposed of by the most appropriate means available. The resolution declares certain vehicles, equipment, computer related equipment and miscellaneous items as surplus. The City has had annual auctions for the last several years which were very successful. This has been determined to be the most profitable way of disposal. The auction is open to the public. In addition to the advertising that will be done by the auctioneer, USA Auctioneers, Inc., City of Deltona residents will be notified through their Water bill of the auction date. *B. Resolution No. 2008-11, Authorizing temporary leasing signs for Deltona Village project within the Activity Center. 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 232 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 116 square feet each, advertising leasing availability for the project is not unreasonable. Staff recommendation: Staff recommends that the City Commission consider the resolution to allow the temporary leasing signs with the following conditions: 1. Apply for and receive a temporary sign permit with the department of Planning and Development Services.
2. The installation of the temporary signs shall meet the Florida building code requirements, and the installation instructions shall be submitted for review and approval with the temporary sign permit.
3. The maximum height of the temporary leasing sign shall not exceed 10 feet, measured from average grade to the top of the temporary sign.
4. The temporary sign permit shall be valid for 12 months from the execution date of the resolution. There may be allowed one 12 month extension granted by the Director of Planning and Development Services if the applicant has demonstrated that the project is moving forward in good faith. No other extension may be granted except by resolution of the City Commission.
5. The temporary leasing signs shall be located within the property limits and not within the public right-of-way.
6. The temporary leasing signs shall remain in good condition and maintained by the property owner. If it is determined that the temporary leasing signs are falling into disrepair, then the City of Deltona shall notify the property owner in writing. If the signs are not repaired within 30 days, then the City of Deltona has the right to immediately remove the signs, thereby forfeiting this temporary approval.
*C. Request for approval of Facility Use Agreement - Deltona Lodge No. 756. Deltona Lodge No. 756 is a small group of men who are very committed to the continuance of their Lodge activities. Numbering at less than a dozen, these gentlemen have met faithfully at the Little Red School House for a number of years. The Agreement between the City and the Deltona Lodge is for non-exclusive use of the Little Red School House located at 980 Lakeshore Drive, Deltona for second and fourth Tuesday evening meetings, conducted 8:00PM - 10:00PM. Deltona Lodge No. 756 is a local Deltona, non-profit organization and is eligible for a Category II Rate of $15.00 per hour, less 20%. They have fulfilled the requirements to qualify for a long Term Facility Use Agreement. Therefore, staff recommends continuance of this twelve month Long Term Facility Use Agreement, effective March 17, 2008 through March 16, 2009. *D. Request for approval of Facility Use Agreement - Henkels & McCoy, Inc. - Techbridge. Henkels & McCoy (TechBridge) has had a Long Term Facility Use Agreement with the City of Deltona since 2006. They are a Pennsylvania based, for-profit Corporation with a focus to increase opportunities for educational, vocational and employment programs for youth between ages of 16 and 21. TechBridge accesses the classrooms and a limited storage area at the Harris M. Saxon Community Center, located at 2329 California Street, Monday through Thursday from 8:30 AM to 2:00 PM.
This year's application from TechBridge requested extended hours daily to 3:00 PM and access on Fridays to the facility. This request has been denied by the Parks and Recreation Director and subsequently discuss and agreed upon with the applicant, due to other Facility Use Agreements, rentals and City programs which conflict. There are no substantial changes to this year's agreement except for the addition of a monthly copier charge and requirement of TechBridge to provide lockable storage. TechBridge has agreed to remain with the Monday through Thursday schedule and has met the criteria requirements for a Long Term Facility Agreement with the City. This organization will be responsible to pay $200 monthly for access to the two-room, classroom area and an additional $25 monthly for access to the City's copier. Copies will be limited to 500 copies monthly. As established by the City Commission on July 17, 2006 rental fees and charges are to be paid in full no later than the 5th day of each month. Staff recommends a one (1) year Facility Use Agreement with this organization.
*E. Request for approval of Facility Use Agreement - Sound Doctrine Ministries Church of God, Inc. Sound Doctrine Ministries Church of God, Inc. (SDMC) has had a Long Term Facility Use Agreement with the City of Deltona for a couple of years. They conduct religious services and are considered a not-for-profit organization, based outside of Deltona. SDMC accesses the Little Red School House at the Deltona Community Center located at 980 Lakeshore Drive, Deltona on Sundays, 10:AM-1:00PM and Wednesdays, 7:30PM - 8:30PM. This organization will be responsible to pay a Category III Facility Use Fee rate of $25.00 per hour, less 20%.
SDMC has met the criteria requirements for a Long Term Facility Use Agreement with the City. Staff recommends a one (1) year Long Term Facility Use Agreement with an option to renew for an additional one (1) year period (not to exceed two consecutive years) upon written agreement by both parties. *F. Request for approval of Facility Use Agreement - Boys & Girls Club of Volusia & Flagler Counties, Inc. - Harris Saxon Community Center. Boys and Girls Club of Volusia and Flagler Counties entered a twenty (20) year agreement for re-location and construction of the Keith West Facilities and subsequent use of the facilities within Campbell Park, on February 1, 1999. An annual facility use rental rate of $4,000 was established.
An amendment to the Site Agreement For Land entered on August 6, 2001 waived the $4,000 annual rent in exchange for the tenant to repair and maintain the building; forgave the remaining re-location expenses due the City; and, required the Club at its expense, to repair and maintain electrical, mechanical, interior, exterior and all other property improvements throughout the term of the agreement. On February 7, 2006 a simple agreement was entered by then City Manager Fritz Behring and the Club which continued provision of space at Campbell Park for the Club. With the opening of the Harris Saxon Community Center in 2006, the Boys and Girls Club was provided access for after school; school holidays; and, early release days for the purpose of recreation and youth development programs. With this history of our growing relationship with the Boys and Girls Club of Volusia and Flagler Counties, we propose a Long Term Facility Use Agreement, with the option to renew a total of three years, be implemented to streamline the process by which the Club's use of the Harris Saxon Community Center is reviewed and approved. *G. Request for approval of Facility Use Agreement - Deltona Saturday Night Softball League, Inc. The Deltona Saturday Night Softball League (DSNSL) has had a two year relationship with the City. Nef Nazario and Don Black spearhead this competitive league of adult men. Mr. Ed Lasanta is also very involved as an umpire and league supporter. DSNSL is considered a Category I Deltona-based recreation program. While they govern themselves separately from other leagues, staff communicates regularly as to how to improve upon the games and activities sponsored by the League. DSNSL accesses the Dupont Ball Park ball fields on Saturday evenings from 6:30PM to 10:30PM. As a Category I facility user, the rate for field use is $15.00 per hour. As a long term facility user, they will save 20%. An example of a July 7 - November 17 season schedule is attached to reflect the revenues generated by this type of league.
Staff recommends a one (1) year Facility Use Agreement with this organization.
*H. Request for approval of Facility Use Agreement - Power in Praise Ministries, Inc. Power In Praise Ministries, Inc. (PIPM) has had a Long Term Facility Use Agreement with the City of Deltona for a couple of years. They conduct religious services and are considered a Deltona-based, not-for-profit organization. PIPM accesses the Main Hall at the Harris Saxon Community Center located at 2329 California Street, Deltona on Sundays, 10:30AM-12:30PM. This organization will be responsible to pay a Category II Facility Use Fee rate of $12.00 per hour, less 20%.
PIPM has met the criteria requirements for a Long Term Facility Use Agreement with the City. Staff recommends a one (1) year Facility Use Agreement with an option to renew for an additional one (1) year period (not to exceed two consecutive years) upon written agreement by both parties.
*I. Request for approval of Facility Use Agreement - Deltona Civic Association. On December 15, 1999, an agreement was crafted between the CITY and the Deltona Civic Association (DCA) which conveyed real property to the City in exchange for continued maintenance and upkeep of the said facility by the City. The Agreement called for the City to provide office space for the term of the Agreement. The Agreement between the City and the DCA is for non-exclusive use of the Little Red School House located at 980 Lakeshore Drive, Deltona for the provision of office space. It was the option of the DCA to extend the use of office space for an additional five (5) years. They exercised that option on September 26, 2005 to extend their Agreement through 2010. The City has always attempted to maintain a cordial and mutually beneficial relationship with the DCA. Together, the DCA and the City have strived to promote the best interests of the community, residents and businesses. Therefore, staff recommends continuance of the five (5) year Facility Use Agreement through 2010.
*J. Request for approval of Facility Use Agreement - Word of Faith for all Mankind, Inc. Word of Faith for All Mankind, Inc. is a small church congregation and considered a Deltona-based, not-for-profit organization. Word of Faith meets twice weekly in the Craft Room within the Deltona Community Center located at 980 Lakeshore Drive, Deltona on Sundays, 10:00AM to noon and Wednesdays, 7:30PM - 8:30PM. This organization will be responsible to pay a Category II Facility Use Fee rate of $15.00 per hour, less 20%.
Word of Faith for All Mankind has met the criteria requirements for a Long Term Facility Use Agreement with the City. Pastor Ricky Wilkins expressed a great appreciation for the opportunity to renew and attain an option for an additional one (1) year renewal. Staff recommends a one (1) year Long Term Facility Use Agreement with an option to renew for an additional one (1) year period (not to exceed two consecutive years) upon written agreement by both parties.
*K. Request for approval of Facility Use Agreement - New Beginnings House of Worship. New Beginnings House of Worship has had a Long Term Facility Use Agreement with the City of Deltona for a couple of years. They conduct religious services and are considered a Deltona-based, not-for-profit organization. New Beginnings accesses the Craft Room at the Deltona Community Center located at 980 Lakeshore Drive, Deltona on Sundays, 12:30PM-2:30PM. This organization will be responsible to pay a Category II Facility Use Fee rate of $25.00 per hour, less 20%. The annual income to the City for this use equates to: $20 x 2 hrs. x 52 = $2080.
New Beginnings House of Worship has met the criteria requirements for a Long Term Facility Use Agreement with the City. Staff recommends a one (1) year Facility Use Agreement with an option to renew for an additional one (1) year period (not to exceed two consecutive years) upon written agreement by both parties. *L. Request for approval of Facility Use Agreement - Deltona Shuffleboard Club - Vann Park. Deltona Shuffleboard Club (DSC) has maintained a Facility Use Agreement with the City of Deltona for a number of years. Located at Vann Park, the DSC is responsible to provide an outlet for practicing, learning and competing in the game of shuffleboard. With the folding of the Campbell Park Shuffleboard Club in 2007, Deltona Shuffleboard Club is the only remaining operational shuffleboard club in Deltona. On March 6, 2006 the City Commission waived the requirement for DSC to acquire or maintain liability insurance with the City of Deltona as a named insured for term of this agreement. The 2008 renewal reflects the waiver continuance. The only change to this year's agreement is reflected in Item #4 g.: Tournament games will be considered a part of "regular use" and shall require written notification (instead of written approval) from the Director of Parks and Recreation. This organization has always been responsible in communicating needs and concerns to the Parks and Recreation Department in a timely manner. Similarly, they communicate upcoming tournament information and work well with the Deltona Little League, who shares in access to the clubhouse and parking lot.
DSC has met the criteria requirements for a Facility Use Agreement with the City.
Staff recommends a one (1) year Facility Use Agreement with Deltona Shuffleboard Club for non-exclusive use of the Vann Park shuffleboard courts, parking lot and clubhouse. Fees have traditionally been waived for the services of the Club providing instruction on the game of shuffleboard. 8. ORDINANCES AND PUBLIC HEARINGS: A. Public Hearing - Ordinance No. 07-2008, Providing for a text amendment to original adopted Ordinance No. 08-2001, reinstating the Affordable Housing Advisory Committee: increasing membership, revising criteria and providing duties and reporting requirements; in accordance with House Bill 1375, for second and final reading. On March 3, 2008, the City Commission approved the first reading of Ordinance No. 07-2008 reinstating the Affordable Housing Advisory Committee. Through the adoption of Ordinance 08-2001 on May 7, 2001, the City of Deltona became eligible to receive funding from the Florida Housing Finance Corporation, State Housing Initiatives Partnership ("SHIP") Program. In July 2007, the Florida Legislature passed House Bill 1375 requiring cities and counties receiving SHIP funds to appoint an "Affordable Housing Advisory Committee" (AHAC). The SHIP Act and Rule requirement has been reinstated per SHIP statute (420.9076 F.S. and Rule 67-37.010) that in order to continue to qualify for funding, the local government must appoint an Affordable Housing Advisory Committee by resolution on or before June 30, 2008. Ordinance 07-2008 revisions include increasing the AHAC membership from 8 to 11 members and additional reporting requirements. The eleven (11) member committee shall include:
a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing.
b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing.
(c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing.
(d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing.
(e) One citizen who is actively engaged as a for-profit provider of affordable housing.
(f) One citizen who is actively engaged as a not-for-profit provider of affordable housing.
(g) One citizen who is actively engaged as a real estate professional in connection with affordable housing.
(h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174.
(i) One citizen who resides within the jurisdiction of the local governing body making the appointments.
(j) One citizen who represents employers within the jurisdiction.
(k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. Reporting Requirements: The AHAC committee shall evaluate and report to the City Commission on established policies, procedures, ordinances, land development regulations, and review the comprehensive plan; to include, recommended changes as established in Section 420.9076, F.A.C. by December 31, 2008. The City shall transmit an electronic copy of the report, which was presented to the City Commission for consideration, to Florida Housing Finance Corporation by May 2, 2009. Staff is requesting authorization to post committee member vacancies after the second and final reading and adoption of Ordinance 07-2008; and recommends the committee participate as part of the "selection review process" for the Monetary Grant and Public Service (CDBG) Grant programs beginning in program year 2009. Committee member applications will be presented to the City Commission for appointment by resolution on or before June 30, 2008. B. Public Hearing - Ordinance No. 03-2008, Providing for the voluntary annexation into the City of 5.84 acres of property located at 210 Howland Blvd., for first reading; Applicant: Church of Jesus Christ of Latter-Day Saints (Project # AN07-03).
The voluntary annexation application of Church of Jesus Christ of Latter-Day Saints was submitted on December 3, 2007. The property is located at the southeast corner of Tabb Drive and Howland Boulevard, has a County zoning RR (Rural Residential) with an underlying Future Land Use designation of Urban Low. The owner/developer submitted a Conceptual Site Plan to Volusia County on September 6, 2007, and the Final Site plan on October 16, 2007, to construct 12,987 square foot house of worship. On September 18, 2007, Deltona staff provided comments to Volusia County regarding the proposed development due that the subject property is an unincorporated enclave surrounded by the City of Deltona. The City of Deltona informed Volusia County that it was not City policy to provide water and sewer utilities to the site until the property fell under City of Deltona jurisdiction. As a result of that report, the owner is now requesting annexation into the City of Deltona. The annexation application has been reviewed by the Director of Planning and Development Services and it has been determined that the annexation will eliminate the existing enclave and will meets the requirements of Florida Statutes 171.044, because it is reasonably compact; and all owners of the property have petitioned for voluntary annexation of their property into the City of Deltona. Because this annexation is less than 1,500 acres the net benefit analysis is not required by policy number CC05-001, adopted by the City Commission on April 4, 2005. However, the applicant, Church of Jesus Christ of Latter-Day Saints, submitted a Conceptual Site Plan to the City of Deltona on December 12, 2007, and went to DRC on January 3, 2008. C. Public Hearing - Resolution No. 2008-07, Providing for a zoning variance from Section 110-827.03(1)(e) that prohibits accessory structures including screened pool enclosures and their decks from being located in any required setback or platted easement on property located at 1282 West Portillo Drive; Applicant: Sharon Allan (Project No. VR08-001). The applicant/owner replaced an existing non-conforming shed with a 13 foot by 20.10 foot shed within a 20 foot platted utility easement without obtaining a building permit. Enforcement Services issued a Notice of Violation for constructing the shed without obtaining the required building permits. The applicant may not obtain building permits without first obtaining a zoning variance because the shed is located within a drainage and utility easement which is not permitted. A survey submitted by the applicant dated August 9, 1983 shows a 12 foot by 14 foot shed along the rear property line. It is not known if the shed was legally permitted. A current survey submitted by the applicant dated September 13, 2007 shows a 20.10 foot by 13 foot shed in approximately the same location. Assuming the applicant obtained a valid building permit for the original shed, it would have been a non-conforming structure because accessory structures are not permitted within drainage utility easements. Section 110-600.03 states that a lawful structure existing on the effective date of the Zoning Code that could not thereafter be built in conformity with the current code may still be used. However, if it is damaged in excess of 75 percent of its replacement value, any reconstruction shall comply with the current code. Since the shed was replaced by a new shed, one can assume that 100 percent of the non-conforming shed was replaced and therefore must comply with the current code. The current code, Section 110-827.03(1)(e) states, "Accessory structures . . . shall not be located in any platted easements." The replacement shed is 3 feet from the property line which is within the platted easement. Therefore, the location of the replacement shed is in violation of the code. The applicant now seeks a variance. If the variance is granted, the applicant will be required to meet all requirements set forth in the Building Code and will be required to obtain a building permit. Planning & Zoning Board: Member Porter questioned why there is a drainage and utility easement along the shore of the lake. He asked if staff could administratively vacate the easements along the shore of the lake. He further asked if the applicant could obtain a use permit for the encroachment into the easement. Staff replied that it is not known why 20-foot drainage and utility easements were included in the plat for the lots along the lake and that staff could not administratively vacate the easements. Staff said that the applicant could obtain a use permit if the utility companies with rights to the easement provide letters of no objection; but that a zoning variance is required prior to obtaining a use permit. Member Porter asked if there is a setback from the property line for accessory structures. Staff replied that accessory structures could be constructed up to the edge of the property line provided there is no easement. Pursuant to discussion, staff explained that if the shed impacts the wetlands upland buffer, the applicant will be required to mitigate for the impact. Pursuant to further discussion, the appliant advised a shed has been located on the current slab for about 25 years. The applicant stated the wetland delinateion was performed and shed is not located within the wetlands. The flags are behind the shed. She said that in the 25 years that she has lived at this address, the water has never rose to the level of the shed. She further advised that when she attempted to purchase flood insuarnce she was advised that no flood insurance is required for this site. The applicant said that no trees or vegetation was disturbed when constructing this shed because it was constructed on same slab as previous shed. The current shed does match the façade of the primary structure. The applicant advised that the shed cannot be seen from an aerial photo and can hardly be seen from the lake. Staff Recommendation: Section 110-1003.03 states, "A variance may be granted only if the applicant meets all of the conditions listed in Section 110-1003.01." The applicant is currently enjoying the same rights as other property owners within the same zoning classification. Therefore, literal interpretation of the provision of this Ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification and would not place an undue hardship on the applicant. The applicant does not meet this requirement for granting a variance. The proposed variance is not the minimum variance that would make possible the reasonable use of the land as the property owner is already making reasonable use of the land and the shed could be removed or located elsewhere on the property outside of the drainage and utility easement. The applicant does not meet this requirement for granting a variance. Since the date of the staff report, the wetland delineation has been performed by the Department of Environmental Protection. According to the applicant, wetland flags have been placed along the shore. Since the shed is approximately 3 feet from the rear property line, it is likely that the shed does encroach into the required 25 foot wetland buffer. This can be determined with certainty after the applicant's surveyor notes the wetland and wetland buffer on the survey. The applicant has met some but not all the elements for granting a variance. Therefore, in accordance with Section 110-1003.03, a variance should not be granted. D. Public Hearing - Resolution No. 2008-08, Providing for a conditional use to permit a house of worship within an RE-1, Residential Estate zoning district on property located at 2765 Lake Helen Osteen Road; Applicant: Pastor Kelly Santos (Project No. CU08-001). The applicant has submitted a request for approval of a conditional use to construct a 9162 square foot, 360 seat house of worship on a 18.51 acre site on Lake Helen Osteen Road in the northeast quadrant of the City of Deltona. This conditional use is needed because a previously approved conditional use, Resolution No. 2003-15, and the approved a one year extension expired on September 30, 2005 and staff has determined that Resolution No. 2003-15 has not begun to serve the purpose for which it was granted. Planning & Zoning Board: Staff provided a report and answered Board members questions. Chair Kihlmire asked if there have been any changes from the conditional use and site plan previously approved and conditional use and site plan that is the subject of this application. Staff advised there are no changes. Pastor Kelly Santos said the proposed location of the building is the center of the property which should minimize any impact on the surrounding neighborhood. A resident of Pine Tree Acres Lane requested a copy of the proposed site plan. He said that while he does not object to this project he hopes it will blend with the surrounding area and not have the appearance of a warehouse. The Board moved to forward Resolution No. 2008-08 to the City Commission with a recommendation of consideration of approval, granting a conditional use to construct a house of worship at 2765 Lake Helen Osteen Road as the application meets the requirements for granting a conditional use. The motion carried 6 to 0 with Member Sandy Lou Gallagher not being present. Staff Recommendation: Staff finds that the proposed conditional use is consistent with the purpose and intent of the Zoning Ordinance and recommends consideration of approval with the condition that all proposed improvements meet all Federal, State and local rules. E. Ordinance No. 09-2008, Providing for abandonment of a portion of a right-of-way between parcel numbers 13-18-30-03-16-0010 and 13-18-30-03-16-0050 located at 2082 Galveston Avenue and on a paper platted road, 10th Avenue, for first reading. The City of Deltona received an application from Gerald E Myers and Lannie B. Myers, Property Owners to vacate and abandon a portion of right of way between parcel numbers 13-18-30-03-16-0010 and 13-18-30-03-16-0050. The property is located at 2082 Galveston Avenue and on a paper platted road, 10th Avenue. The Director of Public Works reviewed the request and advised that Public Works could not vacate the right-of-way. AT&T, Bright House, Florida Public Utilities and Progress Energy have provided letters stating they do not object to the proposed alley abandonment. On January 7, 2008, the City Commission held a public hearing regarding this matter and, based upon Public Works' objection, voted to deny the request. Mr. Myers contacted the Director of Public Works and both parties reached an agreement that meets the needs of Mr. Myers and Public Works. Mr. Myers agreed to grant a 25 foot access, drainage and utility easement on the south side of the property in question from Galveston Avenue to Interstate 4. Public Works no longer objects to abandonment of the right-of-way as originally requested. Mr. Myers moved for a rehearing which the City Commission granted at its February 18, 2008 meeting. Accordingly, the request to vacate and abandon a portion of right of way between parcel numbers 13-18-30-03-16-0010 and 13-18-30-03-16-0050 is again before the City Commission.
F. Public Hearing - Request for Approval of Contract for partial take of 846 sq. ft. of property located at 590 N. Firwood Drive; Owners: James M. & Nancy M. Bickhardt. Location: A portion (846 square feet) of Lot 1, Block 135, DELTONA LAKES, UNIT 4, MB 25, Pages 121-126 Inclusive, Per OR 3017, Page 0880; Parcel ID No.: 8130-04-23-0010; to-wit: 590 N. Firwood Drive, Deltona, Volusia County, Florida. Background: The City of Deltona is widening Normandy Boulevard from Saxon Boulevard to just north of Firwood Drive. Normandy Boulevard is an existing two-lane "rural section" roadway and is one of the primary north-south connector roadways in the City of Deltona. The reconstruction of Normandy Boulevard is intended to allow for better traffic flow through the neighborhood. The other purpose of this work is to improve storm drainage in the area. Several ponds in the area will be re-graded to improve their capacity. Certain properties are required for the successful completion of the Normandy Boulevard improvements. A partial take of 846 square feet of one of these properties, located at 590 N. Firwood Drive, Deltona, owned by James M. Bickhardt and Nancy M. Bickhardt, is the subject of an executed Contract for Sale and Purchase in the amount of $22,700.00. The purchase price was negotiated by the former City Attorney and the former City Manager. The current City Attorney and Acting City Manager are honoring that agreement. The Contract for Sale and Purchase has been executed by the Acting City Manager, conditioned on approval and acceptance by the City Commission.
Should the City Commission approve the purchase of 846 square of the subject property, a closing date of March 24, 2008 has been set.
G. Public Hearing - Providing for purchase of real property located at1709 North Normandy Blvd., Owners: David M. & Margaret A. Williams. Location: Lot 5, Block 85, DELTONA LAKES, UNIT 3, MB 25, Pages 105-120 Inclusive, Per OR 4151, Page 363; Parcel ID No.: 8130-03-24-0050; to-wit: 1709 N. Normandy Boulevard, Deltona, Volusia County, Florida. Background: The City of Deltona is widening Normandy Boulevard from Saxon Boulevard to just north of Firwood Drive. Normandy Boulevard is an existing two-lane "rural section" roadway and is one of the primary north-south connector roadways in the City of Deltona. The reconstruction of Normandy Boulevard is intended to allow for better traffic flow through the neighborhood. The other purpose of this work is to improve storm drainage in the area. Several ponds in the area will be re-graded to improve their capacity. Certain properties are required for the successful completion of the Normandy Boulevard improvements. One of these properties, located at 1709 N. Normandy Boulevard, Deltona, owned by David M. Williams and Margaret A. Williams, is the subject of a proposed Real Property Purchase Agreement in the amount of $180,000.00. The purchase price was negotiated by the former City Attorney and the former City Manager. The current City Attorney and Acting City Manager are honoring that agreement. Should the City Commission approve the purchase of the subject property, a closing date of March 24, 2008 has been set. H. Public Hearing - Request for Approval of Contract for partial take of 104 sq. ft. of property located at 2301 N. Normandy Blvd., Owners: Lester L. & Betty M. Hollenback. Location: A portion (104 square feet) of Lot 1, Block 184, DELTONA LAKES, UNIT 4, MB 25, Pages 121-126 Inclusive; Parcel ID No.: 8130-04-42-0010; to-wit: 2301 N. Normandy Boulevard, Deltona, Volusia County, Florida. Background: The City of Deltona is widening Normandy Boulevard from Saxon Boulevard to just north of Firwood Drive. Normandy Boulevard is an existing two-lane "rural section" roadway and is one of the primary north-south connector roadways in the City of Deltona. The reconstruction of Normandy Boulevard is intended to allow for better traffic flow through the neighborhood. The other purpose of this work is to improve storm drainage in the area. Several ponds in the area will be re-graded to improve their capacity. Certain properties are required for the successful completion of the Normandy Boulevard improvements. A partial take of 104 square feet of one of these properties, located at 2301 N. Normandy Boulevard, Deltona, owned by Lester L. Hollenback and Betty M. Hollenback, is the subject of an executed Contract for Sale and Purchase in the amount of $4,473.50. The purchase price was negotiated by the former City Attorney and the former City Manager. The current City Attorney and Acting City Manager are honoring that agreement. The Contract for Sale and Purchase has been executed by the Acting City Manager, conditioned on approval and acceptance by the City Commission.
Should the City Commission approve the partial take purchase of 104 square of the subject property, a closing date of March 24, 2008 has been set.
9. OLD BUSINESS: A. Presentation re: Public Safety Complex. At the March 3rd Commission meeting, the Commission discussed potential sites for the Public Safety Complex (PSC) as identified by Mrs. Sherman for sale in the vicinity of Howland and Catalina Blvds. Chief Godfrey identified three (3) sites as "A" sites given their close proximity to the intersection of Howland and Catalina Blvds. Of the three "A" graded site, the site identified as site M containing 24.57 acres on the south side of the intersection is under contract and not available for sale per the owner's representative. During the week of March 10th, the Cavallero Group met individually with City Commission members. At the March 17th meeting, representatives of the Cavallero Group will make a presentation before the public. B. Request for rehearing for Rafael Colon of 179 Citation Avenue, Deltona, Florida 32738 for reduction of fine from $7,200.00 assessed pursuant to Special Magistrate Case DEL 07-112 and DEL 07-113 (Commissioner Zischkau). On February 18th, the City Commission denied a request for reduction of fine by Mr. Rafael Colon, but did provide that Mr. Colon could ask the City Commission to hear his request for reduction of fines again concerning Case Nos. DEL-07-112 and DEL-07-113 for the property located at 179 Citation avenue. Mr. Colon was not in attendance at the February 18th meeting. On March 3, 2008, Commissioner Zischkau asked that this item be placed on the March 17th agenda as a request to establish a rehearing date to consider reduction of fines to $2,000 without prejudice. 10. NEW BUSINESS: A. Request for Approval of City Attorney Employment Agreement. At the March 8th Special Commission meeting, the Commission voted to select George Trovato for the permanent City Attorney position and directed the Mayor, Acting City Manager, and Acting Human Resources Director to meet with Mr. Trovato to prepare an Employment Agreement for the Commission's consideration on March 17th. A publicly noticed meeting will be held on the afternoon of March 17th to discuss the terms of the subject employment agreement. A draft of the proposed employment agreement will be presented to the City Commission at the March 17th Commission meeting.
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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