regular city council meeting...1. city council workshop april 17, 2019 2. city council workshop may...

Regular City Council Meeting 08/07/2019 of 43

REGULAR CITY COUNCIL MEETING

August 07, 2019 at 6:30 PM

City Council Chambers, 16 Colomba Rd.

DeBary, Florida 32713

AGENDA

CALL TO ORDER

Invocation

Flag Salute

ROLL CALL

COMMITTEE REPORTS

PUBLIC PARTICIPATION FOR ANY ITEMS NOT ON THE AGENDA (Citizen comments are limited to three (3) minutes per speaker. For items ON THE AGENDA, citizen comments are limited to five (5) minutes per speaker. Speakers will be called when the item is introduced for discussion.)

APPROVAL OF MINUTES

1. a. Regular City Council Meeting June 5, 2019

b. City Council Workshop June 19, 2019

c. Special City Council Meeting June 19, 2019

d. Regular City Council Meeting July 3, 2019

e. City Council Workshop July 3, 2019

f. Special City Council Meeting July 17, 2019

ADDITIONS, DELETIONS OR AMENDMENTS TO THE AGENDA

PRESENTATIONS

Proclamation proclaiming the month of August National Immunization Month.

CONSENT AGENDA

PUBLIC HEARINGS

2. Staff is requesting approval of the second reading of Ordinance #03-19 amending the City's 2019 Five-Year Capital Improvement Program (CIP).

3. Staff is requesting the approval the second reading of Ordinance 05-19 amending sections of the Land Development Code: Sec 1-10 Notice Requirements, from 200 feet to 1,000 feet; Sec 5-86, Tree Preservation, removing exemptions for tree removal permits for single-family homes within a PUD; and Sec 4-82 Streets, allowing exemptions for minimum right of way and asphalt width requirements.

Regular City Council Meeting 08/07/2019 of 43

GROWTH MANAGEMENT AND DEVELOPMENT

4. Staff is requesting the City Council to approve a new task order with ACi for the expansion of a mobility plan currently being drafted for the TOD area.

OLD BUSINESS

NEW BUSINESS

5. City Manager is requesting City Council to award Bid No. 03-18, the Rob Sullivan Park – West Parking Lot Expansion Project, to the lowest responsive and responsible bidder, Dale Beasley Construction, Inc.

INFORMATIONAL ITEMS

COUNCIL MEMBER REPORTS / COMMUNICATIONS

Board/Committee Appointments

Member Reports/ Communications

A. Mayor and Council Members

B. City Manager

C. City Attorney

DATE OF UPCOMING MEETING / WORKSHOP

a. City Council Workshop August 21, 2019, 5:30 p.m.

b. Special City Council Meeting August 21, 2019, 6:30 p.m.

c. Regular City Council Meeting September 4, 2019, 6:30 p.m.

ADJOURN

If any person decides to appeal any decision made by the City Council 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

(FS 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) 668-2040.

DeBary Regular City Council Meeting Minutes 06/05/2019 Page 1 of 4

City of DeBary REGULAR CITY COUNCIL MEETING MINUTES

June 5, 2019 – 6:30 PM City Council Chambers

16 Colomba Road, DeBary, Florida 32713

I. CALL TO ORDER: The meeting was called to order at 6:31 p.m. 1. Invocation 2. Flag Salute

II. ROLL CALL: Mayor Chasez, Vice-Mayor Benfield, Council Members Bacon, Butlien and

Stevenson are present.

Others present: Carmen Rosamonda, City Manager; Kurt Ardaman, City Attorney; Elizabeth Bauer, Finance Director; John Fletcher, Parks & Recreation Director; Eric Frankton, IT Director; David Hamstra, Stormwater Engineer; Kevin Hare, Construction Engineer; Roger Van Auker, TOD Director; and, Annette Hatch, City Clerk.

III. COMMITTEE REPORTS: None.

IV. PUBLIC PARTICIPATION FOR ANY ISSUES NOT ON THE AGENDA: Norm Erickson, Shari Simmans, Kellee Smith, Morton Culligan, William Sell, Kathy Ohland, and Frank Miller addressed the Council.

V. APPROVAL OF MINUTES:

1. City Council Workshop April 17, 2019 2. City Council Workshop May 1, 2019 3. Regular City Council Meeting May 1, 2019 4. Special City Council Meeting May 15, 2019 5. City Council Workshop May 15, 2019

Motion by Council Member Butlien to approve the minutes from the April 17, 2019, Council Workshop; May 1, 2019, Council Workshop; May 1, 2019, Regular Council Meeting; May 15, 2019, Special Council Meeting; and May 15, 2019, Council Workshop. Seconded by Vice-Mayor Benfield. Motion passed unanimously.

VI. ADDITIONS, DELETIONS OR AMENDMENTS TO THE AGENDA:

Mayor Chasez asked for Council consideration to add two additional items under New Business. Grant application requests were received from Leia LaCombe, West Volusia Athletic Club 10U Silver All Stars and John Alava, West Volusia Athletic Club 12U All


Stars. There was Council consensus to add these requests as items No. 5 and No. 6 under New Business (copies of which are attached to these minutes).

VII. PRESENTATIONS: None.

VIII. CONSENT AGENDA:

1. KHARE Construction Services, LLC is requesting City Council approval of Task Order No. 0519-01 for Construction Management and Inspection Services for FY 2019 Street Resurfacing Project.

2. Staff is requesting authorization to dispose of surplus property and remove from

capital inventory. 3. Staff is requesting City Council authorization for the City Manager to enter into an

agreement between George Gideon Auctioneers, Inc. and the City of DeBary,

Motion by Council Member Stevenson to approve the Consent Agenda. Seconded by Vice-Mayor Benfield. Motion passed unanimously.

IX. PUBLIC HEARINGS: None

X. GROWTH MANAGEMENT AND DEVELOPMENT REVIEW: None.

XI. OLD BUSINESS: None.

XII. NEW BUSINESS:

1. Staff is requesting City Council direction on placement of the City Tree Lighting Ceremony and consent to move forward with the purchase and installation of a 15’ red cedar tree.

William Sell addressed the Council.

Motion by Council Member Butlien to plant a 15-foot red cedar tree at Gateway Park. Seconded by Council Member Stevenson. Motion passed unanimously.

2. Staff is requesting City Council approve Golf Specialties as the best overall bid for

RFP 09-19 regarding clay and sand purchases.

Motion by Vice-Mayor Benfield to approve Golf Specialties overall bid for RFP 09-19. Seconded by Council Member Stevenson. Motion passed unanimously.


3. Staff is requesting approval of the Integra 289 Exchange Transportation Improvement Cost Allocation Agreement.

Norm Erickson addressed the Council. Motion by Vice-Mayor Benfield to approve the Integra 289 Exchange Transportation Improvement Cost Allocation Agreement. Seconded by Council Member Bacon. Motion passed unanimously. 4. Staff is requesting City Council direction on how to proceed with a request for

donation from the West Volusia branch of the NAACP, celebrating their 80th anniversary.

Mike Williams and Morton Culligan addressed the Council. Motion by Council Member Bacon to approve a $500 donation to the West Volusia branch of the NAACP. Seconded by Vice-Mayor Benfield. Motion passed unanimously. 5. Grant request for $500 from Leia LaCombe, Fundraising Coordinator for the West

Volusia Athletic Club 10U Silver All Stars. Morton Culligan addressed the Council. Motion by Council Member Butlien to approve the $500 grant request. Seconded by Council Member Stevenson. Motion passed unanimously.

6. Grant request for $500 from John Alava, Manager of the West Volusia Athletic Club

12U All Stars.

Morton Culligan addressed the Council. Motion by Council Member Butlien to approve the $500 grant request. Seconded by Vice-Mayor Benfield. Motion passed unanimously.

XIII. INFORMATIONAL ITEMS: None. XIV. COUNCIL MEMBER/STAFF REPORTS:

1. Board/Committee Appointments: Volusia Growth Management Commission (VGMC) Appointment, Sid Vihlen.


Motion by Council Member Bacon to re-appoint Sid Vihlen to the Volusia Growth Management Committee. Seconded by Council Member Butlien. Motion passed unanimously.

2. Member Reports/Communications

A. Mayor and Council Members:

B. City Manager:

The City Manager stated the Florida League of Cities has requested the appointment of a voting delegate from the DeBary Council. It was the consensus of Council that Mayor Chasez be appointed the voting delegate. The City Manager requested Council consensus to schedule a Budget Workshop prior to the June 19, 2019, Special City Council Meeting. It was the consensus of Council to hold the workshop at 5:30 p.m.

C. City Attorney:

XV. DATE OF UPCOMING MEETING AND/OR WORKSHOP:

1. Special City Council Meeting June 19, 2019 at 6:30 p.m. 2. Regular City Council Meeting July 3, 2019 at 6:30 p.m.

XVI. ADJOURNMENT: The meeting was adjourned at 8:23 p.m.

ATTEST: CITY COUNCIL CITY OF DEBARY, FLORIDA

______________________________ ______________________________ Annette Hatch, City Clerk Karen Chasez, Mayor

DeBary City Council Workshop Minutes 06/19/19 Page 1 of 1

City of DeBary CITY COUNCIL WORKSHOP MINUTES Wednesday, June 19, 2019 – 5:30 PM

City Council Chambers 16 Colomba Road, DeBary, Florida 32713

I. CALL TO ORDER: The meeting was called to order at 5:30 p.m.

II. ROLL CALL: Mayor Chasez, Vice-Mayor Benfield, Council Members Bacon, Butlien and Stevenson are present.

Others present: Carmen Rosamonda, City Manager; Elizabeth Bauer, Finance Director; Matt Boerger, Growth Management Director; John Fletcher, Parks & Recreation Director; Eric Frankton, IT Director; Kevin Hare, Construction Engineer; Roger Van Auker, TOD Director; Alan Williamson, Public Works Director; and, Annette Hatch, City Clerk. NOTE: Public Participation For Any Issues On the Agenda – Citizen comments are limited to three (3) minutes per speaker. Speakers will be heard when the item is introduced for discussion.

III. WORKSHOP DISCUSSION:

1. City Council Strategic Planning a. City Manager Presentation b. Public Participation c. Council Discussion d. Closing Remarks

Mr. Rosamonda reviewed the key dates for the budget process. He presented a draft of the Strategic Plan Priority List for FY 2019/20 (a copy of which is attached to these minutes) and reviewed the information provided. Morton Culligan addressed the Council. Council discussed their priorities and the budget presentation.

IV. ADJOURNMENT: The meeting was adjourned at 6:27 p.m. CITY COUNCIL ATTEST: CITY OF DEBARY, FLORIDA

______________________________ _______________________________ Annette Hatch, City Clerk Karen Chasez, Mayor

DeBary Special City Council Meeting Minutes 06/19/19 Page 1 of 4

City of DeBary SPECIAL CITY COUNCIL MEETING MINUTES

Wednesday, June 19, 2019 – 6:30 PM City Council Chambers



II. ROLL CALL: Mayor Chasez, Vice-Mayor Benfield, Council Members Bacon, Butlien, and


Others present: Carmen Rosamonda, City Manager; Lance King, City Attorney; Elizabeth Bauer, Finance Director; Matt Boerger, Growth Management Director; John Fletcher, Parks & Recreation Director; Eric Frankton, Information Technology Director; David Hamstra, Stormwater Engineer; Kevin Hare, Construction Engineer; Roger Van Auker, TOD Director; Alan Williamson, Public Works Director; and, Annette Hatch, City Clerk. NOTE: Public Participation For Any issues On the Agenda - Citizen comments are limited to five (5) minutes per speaker. Speakers will be called when the item is introduced for discussion.

III. ADDITIONS, DELETIONS OR AMENDMENTS TO THE AGENDA The City Manager requested that two items be added to the agenda. One is a request from the River-to-Sea Transportation Planning Organization seeking a letter of support from the City Council regarding the FDOT Local Agency Program. The second item is a grant request from the West Volusia Athletic Club 12U All Stars (Copies of which are attached to these minutes).

IV. NEW BUSINESS:

1. The City Manager is requesting the approval of the first reading of Ordinance No. 07-19 to update Sexual Predator Ordinance No. 16-05.

The City Attorney read the Ordinance title into the record.

Detective Lee, VCSO, and Dianne Reeley addressed the Council.


Motion by Council Member Butlien to approve the first reading of Ordinance 07-19. Seconded by Vice-Mayor Benfield. Motion passed unanimously.

2. City Manager is requesting the Mayor and City Council to authorize the City Attorney and City Manager to approve Task Order No. 2015-37 with Pegasus Engineering, and their subconsultant, Southeastern Surveying and Mapping Corp., in order to perform surveying services for the West Highbanks Road south drainage conveyance system in the amount not-to-exceed $7,926.00.

Motion by Council Member Bacon to authorize the City Attorney and City Manager to approve Task Order No. 2015-37. Seconded by Vice-Mayor Benfield. Motion passed unanimously.

3. City Manager is requesting the Mayor and City Council to authorize the City

Attorney and City Manager to approve Task Order No. 2015-36 with Pegasus Engineering, and their Subconsultant, Southeastern Surveying and Mapping Corp., in order to perform survey services in support of the U.S. Highway 17/92 Landscape and Beautification Improvement Project, in an amount not-to-exceed $61,528.00.

Morton Culligan addressed the Council.

Motion by Council Member Butlien to authorize the City Attorney and City Manager to approve Task Order No. 2015-36. Seconded by Vice-Mayor Benfield. Motion passed unanimously.

4. City Manager is requesting City Council to award Bid No. 10-19, the 2019 Street

Resurfacing Project to the lowest responsive and responsible bidder, P & S Paving, Inc., of Daytona Beach, Florida.

Motion by Vice-Mayor Benfield to award Bid No. 10-19, the 2019 Street Resurfacing Project to P & S Paving, Inc. Seconded by Council Member Bacon. Motion passed unanimously.

5. Staff is requesting the approval of the first reading of Ordinance No. 05-19

amending sections of the Land Development Code: Sec 1-10 Notice Requirements, from 200 feet to 1,000 feet; Sec 5-86, Tree Preservation, removing exemptions for tree removal permits for single-family homes within a PUD; and Sec 4-82, Streets, allowing exemptions for minimum right of way and asphalt width requirements.



Motion by Council Member Bacon to approve the first reading of Ordinance No. 05-19. Seconded by Council Member Stevenson. Motion passed unanimously.

6. Staff is requesting approval of the first reading of Ordinance No. 03-19 amending

the City’s 2019 Five-Year Capital Improvement Program (CIP). The City Attorney read the Ordinance title into the record. Motion by Council Member Butlien to approve the first reading of Ordinance No. 03-19. Seconded by Vice-Mayor Benfield. Motion passed unanimously. 7. Staff is requesting City Council direction on how to proceed with a request for

donation from West Volusia Athletic Club/DeBary Babe Ruth 16U Girls Softball team.

Lorraine Koval, Nick Koval and Morton Culligan addressed the Council. Motion by Vice-Mayor Benfield to approve the donation to West Volusia Athletic 16U and 12U. Upon clarification from the City Attorney, the Vice-Mayor amended her motion to read: To approve the donation to West Volusia Athletic 16U. Seconded by Council Member Bacon. Motion passed unanimously.

8. Staff is requesting City Council direction on how to proceed with a request for

donation from West Volusia Athletic Club/DeBary Babe Ruth 12U Girls Softball team.

Morton Culligan addressed the Council. Motion by Vice-Mayor Benfield to approve the donation to West Volusia Athletic Club 12U. Seconded by Council Member Bacon. Motion passed unanimously. Vice-Mayor Benfield left the meeting at 8:25 p.m. 9. Staff is requesting that the City Council provide a letter of support for a draft

resolution by the River to Sea Transportation Planning Organization.

Motion by Council Member Bacon to provide a letter of support for the TPO resolution. Seconded by Council Member Butlien. Motion passed unanimously.

V. COUNCIL MEMBER/STAFF REPORTS:

1. Board/Committee Appointments: 2. Member Reports/Communications:

a. Mayor and Council Members


b. City Manager

The City Manager stated he would get with Council Members to determine if there will be a Workshop prior to the Regular City Council Meeting on July 3, 2019. He added that there will be a Special City Council Meeting on July 17, 2019. The City Manager also requested a Special City Council Meeting on July 24, 2019, for the proposed millage and non-ad valorem rates. c. City Attorney

VI. DATE OF UPCOMING MEETING AND/OR WORKSHOP:

1. Regular City Council Meeting July 3, 2019, at 6:30 p.m. 2. City Council Workshop July 3, 2019, at 5:30 p.m. (tentative) 3. Special City Council Meeting July 17, 2019, at 6:30 p.m. 4. Special City Council Meeting July 24, 2019, at 6:30 p.m.

VII. ADJOURNMENT: The meeting was adjourned at 8:48 p.m.

CITY COUNCIL CITY OF DEBARY, FLORIDA ______________________________ Karen Chasez, Mayor

ATTEST:

______________________________ Annette Hatch, City Clerk


City of DeBary REGULAR CITY COUNCIL MEETING MINUTES

July 3, 2019 – 6:30 PM City Council Chambers



II. ROLL CALL: Mayor Chasez, Vice-Mayor Benfield, Council Members Bacon, Butlien and


Others present: Carmen Rosamonda, City Manager; Kurt Ardaman, City Attorney; Elizabeth Bauer, Finance Director; Eric Frankton, IT Director; David Hamstra, Stormwater Engineer; Roger Van Auker, TOD Director; Alan Williamson, Public Works Director; and, Annette Hatch, City Clerk.


IV. PUBLIC PARTICIPATION FOR ANY ISSUES NOT ON THE AGENDA: Morton Culligan addressed the Council.

V. APPROVAL OF MINUTES: None.

VI. ADDITIONS, DELETIONS OR AMENDMENTS TO THE AGENDA: None.

VII. PRESENTATIONS:

1. Business Retention and Expansion Survey Report – Shari Simmans, West Volusia Regional Chamber of Commerce Executive Director. Ms. Simmans also introduced Mr. Bill Ferry, Sr. Director of External Affairs, Comcast Florida Region, who gave an update on the recent Comcast outages.

VIII. CONSENT AGENDA: None.


IX. PUBLIC HEARINGS:

1. The City Manager is requesting the approval of the second reading of Ordinance No.

07-19 to update the Sexual Offender Ordinance No. 16-05.


Motion by Council Member Butlien to approve the second reading of Ordinance No. 07-19.

Seconded by Vice-Mayor Benfield. Motion passed unanimously.

X. GROWTH MANAGEMENT AND DEVELOPMENT REVIEW:

1. Staff is requesting approval of land donation (750 square feet) to Florida

Department of Transportation.

Motion by Council Member Butlien to approve the land donation to Florida Department

of Transportation.

2. City Staff is requesting City Council to approve Resolution 2019-09 allowing for the

Florida Department of Transportation (FDOT) to construct a 12-foot bike trail along

Old Deland Road within the City’s right of way.

Motion by Council Member Bacon to approve Resolution 2019-09. Seconded by Council

Member Stevenson. Motion passed unanimously.

XI. OLD BUSINESS: None.

XII. NEW BUSINESS: None. XIII. INFORMATIONAL ITEMS: None. XIV. COUNCIL MEMBER/STAFF REPORTS:

1. Board/Committee Appointments

2. Member Reports/Communications A. Mayor and Council Members: B. City Manager: C. City Attorney:

XV. DATE OF UPCOMING MEETING AND/OR WORKSHOP:

1. Special City Council Meeting July 17, 2019 2. Special City Council Meeting July 24, 2019


XVI. ADJOURNMENT: The meeting was adjourned at 7:28 p.m. CITY COUNCIL

ATTEST: CITY OF DEBARY, FLORIDA ______________________________ _____________________________ Annette Hatch, City Clerk Karen Chasez, Mayor


City of DeBary SPECIAL CITY COUNCIL MEETING MINUTES

Wednesday, July 17, 2019 – 6:30 PM City Council Chambers



II. ROLL CALL: Mayor Chasez, Council Members Bacon, Butlien, and Stevenson are

present. Vice-Mayor Benfield absent.

Others present: Carmen Rosamonda, City Manager; Kurt Ardaman, City Attorney; Elizabeth Bauer, Finance Director; Matt Boerger, Growth Management Director; Kady Dearing, Acting City Traffic Engineer; Eric Frankton, Information Technology Director; D.J. Silverberg, Acting City Environmental Consultant; Chris Walsh, Acting City Traffic Engineer; and, Annette Hatch, City Clerk. David Hamstra, Stormwater Engineer, entered the meeting at 9:20 p.m. Alan Williamson, Public Works Director, entered the meeting at 10:15 p.m. NOTE: Public Participation For Any Issues On The Agenda – Citizen comments are limited to five minutes per speaker. Speakers will be called when the item is introduced for discussion.


IV. APPROVAL OF MINUTES: None.

V. ADDITIONS, DELETIONS OR AMENDMENTS TO THE AGENDA:

Council Member Bacon requested an agenda item be added in order to discuss the City obtaining a line of credit for $3 Million. The request to add this item failed for lack of consensus. Mayor Chasez asked for Council consensus to switch the order of the items No. 1 and 2 under New Business in order to consider the 5-Year Stormwater CIP item before the Woodbound Lake emergency pumping item. Consensus was given by all Council Members present.

VI. PRESENTATIONS: None.


VII. CONSENT AGENDA: None. VIII. PUBLIC HEARINGS:

1. KBC Development is requesting approval of the first reading of Ordinance 09-19, allowing for a Future Land Use Map Amendment from General Office to Industrial/Service.

The City Attorney read the Ordinance title into the record. Sarah McEver Maier, Planner, Dewberry Engineering, gave a brief presentation. Morton Culligan and James Monroe addressed the Council. Motion by Council Member Butlien to approve the first reading of Ordinance 09-19. Seconded by Council Member Stevenson. Motion passed 3-1; Council Member Bacon nay.

2. KBC Development is requesting approval of the first reading of Ordinance 10-19, allowing for a rezoning from General Commercial B-4 and General Office B-9 to a Mixed-Use Planned Unit Development.

All witnesses and speakers were sworn in by the City Clerk. Council Members disclosed any ex-parte communications they may have had or any site visits they may have made. The City Attorney read the Ordinance title into the record. James Monroe addressed the Council. Motion by Council Member Butlien to approve the first reading of Ordinance 10-19, to remove the access to Spring Vista Drive, to post “no right turn” signage, and to add the use of bus garages and repair shops to the permitted uses. Seconded by Council Member Stevenson. Motion passed 3-1; Council Member Bacon nay.

Mayor Chasez called a recess at 7:47 p.m.

Mayor Chasez reconvened the meeting at 7:53 p.m.


3. Meritage Homes of Florida, Inc., Applicant, is requesting approval of the first reading of Ordinance 08-19, allowing for a future land use map amendment from Agricultural/Rural (A/R) to Residential Low Density (RLD).

The City Clerk read the Ordinance title into the record.

Kady Dearing, PE, Acting City Traffic Engineer, gave a brief presentation.

Luke Classon, PE, Project Manager, Meritage Homes, gave a brief presentation.

Lana Massaro, Ashley Pertler, Shawn Baity, Sean Dunne, Greg Alexander, Morton Culligan, Janet Fansher, Susan Radesky, Alan Goulet, Lillian Robinson, William Sell, Billy Gene Johnston, Nan Lafferty, Charles Dillingham, Kim Michels, Brenda Rose, David Rickly, Michael DeGiglio, Joan Sandler, and Danny Allen addressed the Council. Mr. Allen also distributed applicable sections of the City’s Land Development Code to Council.

The City Attorney received a request from the Vice-Mayor, who was not present for the meeting, to call in and make comments on the project. Council denied the request 3-1; Council Member Stevenson yes.

Alex Madison, Sr. Land Development Manager, Meritage Homes, addressed the Council.

Motion by Council Member Stevenson to deny the first reading of Ordinance 08-19 allowing for a future land use amendment from Agricultural/Rural to Residential Low Density; and not to transmit the request to DCA. Seconded by Council Member Butlien. Motion passed unanimously. 4. Meritage Homes of Florida, Inc., Applicant, is requesting approval of the first reading

of Ordinance 04-19, allowing for a zoning map amendment from A-2 to Residential Planned Unit Development (RPUD).

This item was not heard due to the prior item (Public Hearing Item No. 3) being denied.

Mayor Chasez called recess at 10:08 p.m.

Mayor Chasez reconvened the meeting at 10:18 p.m.


IX. GROWTH MANAGEMENT AND DEVELOPMENT REVIEW: None.

X. OLD BUSINESS: None.

XI. NEW BUSINESS:

1. City Manager is requesting the Mayor and the City Council approve a modification to the 5-Year Stormwater Capital Improvement Program (CIP) to accommodate urgent repairs to existing stormwater infrastructure.

This item was originally listed as Item No. 2 under New Business. Due to the late hour and number of pending speakers, Mayor Chasez asked for a vote from Council to extend the meeting beyond 11 p.m. Council Members unanimously voted to extend the meeting beyond 11 p.m. Morton Culligan, William Godwin, Carol Essrick, Darrell Boudreaux, Alan Goulet, William Sell, Richard Cadie, Tim Gergely, Cheryl Jessup, an C.J. DiTaranto addressed the Council. At the request of the City Manager, the City Attorney clarified that Items No. 1 and 2 could be combined as one motion.

2. City Manager is requesting the Mayor and the City Council approve funding to

implement the following emergency pumping programs associated with Woodbound Lake.

This item was originally listed as Item No. 1 under New Business.

Motion by Council Member Stevenson to reject the modifications to the 5-year Capital Improvement Program; approve the urgent repairs to Simcoe, Sunrise, and the Woodbound Lake 12-inch pipe using the stormwater reserves; and to waive the RFP process in order to accept two quotes. Seconded by Council Member Bacon. Motion passed unanimously.

XII. COUNCIL MEMBER/STAFF REPORTS:

1. Board/Committee Appointments: 2. Member Reports/Communications:

a. Mayor and Council Members b. City Manager c. City Attorney


XIII. DATE OF UPCOMING MEETING AND/OR WORKSHOP:

1. Special City Council Meeting July 24, 2019 2. Regular City Council Meeting August 7, 2019, at 6:30

XIV. ADJOURNMENT: The meeting was adjourned at 11:45 p.m.

CITY COUNCIL CITY OF DEBARY, FLORIDA

ATTEST: ______________________________ _____________________________ Annette Hatch, City Clerk Karen Chasez, Mayor

- 1 -

FA City Council Meeting City of DeBary

AGENDA ITEM

Subject: 5-Year CIP Attachments: (X) Ordinance From: Matt Boerger, Growth Management ( ) Resolution ( ) Supporting Documents/ Contracts Meeting Hearing Date

August 7, 2019 ( ) Other

REQUEST

Staff is requesting approval of the second reading of Ordinance #03-19 amending the City's 2019 Five-

Year Capital Improvement Program (CIP).

PURPOSE

The City is required by Florida Statutes Section 163.3177(3)(b) to update its Five-Year CIP to reflect its

planned capital improvements over the next five years.

CONSIDERATIONS

Section 163.3177(3)(b), Florida Statutes requires that local governments review their capital

improvements element on an annual basis and provides that modifications to update the five-year

capital improvements schedule may be accomplished by Ordinance and are not deemed amendments to

the comprehensive plan. Upon final adoption of the Ordinance, a copy will be filed with the Florida

Department of Economic Opportunity Division of Community Planning, Development and Services.

The proposed Five-Year CIP does not change the existing, current-year budget, approved by City Council

and is contingent upon funding and Council approval. This does not obligate the City to spend the money

as it is a planning document only.

COST/FUNDING

N/A

RECOMMENDATION

Approve the second reading of Ordinance #03-19.

IMPLEMENTATION

The Five-Year CIP must be updated every year. This plan will be evaluated next year and amended accordingly to meet the City’s adopted budget and future plans within the new five-year window. ATTACHMENTS Ordinance 03-19; Exhibit A (5-Year CIP)

City of DeBary

Exhibit A | 5-Year Capital Improvement Program (CIP)

Funding Sources:1. General Fund 2. Grants/Special Revenue 3. Debt Financing

Project Funding Total Rank FY FY FY FY FY

Description Source Cost 1-5 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 General Fund Departmental Capital Outlay 1 $2,250,000 1 $450,000 $450,000 $450,000 $450,000 $450,000

Sidewalk Construction/Repair 2 $75,000 3 $15,000 $15,000 $15,000 $15,000 $15,000

East Highbanks Right-Turn-Lane Construction 1,2 $30,000 5 $30,000

Spring-to-Spring Trail Connector (FDOT) 2 $250,000 2 $25,000 $225,000

DeBary Elementary School Turn Lanes / Donald E. Smith

1,2 $400,000 5 $80,000 $320,000

Roundabout @ Donald E. Smith / West Hignbanks Road

1,2 $700,000 5 $700,000

Highbanks Road / 17-92 Turn Lanes 1,2 $735,000 5 $735,000

Fort Florida Road - RR to Barwick - Reconstruction

1,2 $1,472,000 5 $1,472,000

Fort Florida Road - 17-92 to Railroad Reconstruction

1,2 $1,198,000 5 $1,198,000

Shell Road - Fort Florida Road to Benson Junction - Reconstruction

1,2 $3,129,000 5 $3,129,000

West Higbanks Road - Rob Sullivan Park to Ft. Fl. Rd Reconstruction

1,2 $4,500,000 5 $4,500,000

Fort Florida Road - Urban Section Reconstruction 1,2 $1,500,000 5 $1,500,000

Gemini Springs Water Quality Improvements - Central Sewer Systems for Lake Marie Estates

1,2 $2,624,000 5 $2,624,000

US 17-92 Median Intersection Safety Improvements

1,2 $800,000 5 $800,000

Woodbound Lake Flood Protection - Phase 1 Improvements

2 $595,000 1 $595,000

Woodbound Lake Flood Protection - Phase 2 Improvements

2 $670,000 2 $75,000 $595,000

273-284 Valencia Road Drainage Improvements 2 $350,000 2 $350,000

Planation Road and Grande Vista Street Drainage Improvements

2 $270,000 2 $40,000 $230,000

220 Acacia Road Drainage Improvements 2 $210,000 2 $35,000 $175,000

Glen Abbey and Summerhaven Drainage Maintenance Repairs

2 $300,000 1 $150,000 $150,000

West Side Emergency Flood Management System - Phase 7

2 $200,000 5 $200,000

Tropic Lagoon Outfall 2 $75,000 3 $75,000

Lake Charles Pump Station 2 $150,000 5 $150,000

West Side Emergency Flood Management System - Borrow Pit

2 $25,000 4 $25,000

Saxon Woods Subdivision - Pond RA7 2 $150,000 5 $150,000

Rear Yard Swale Program 2 $125,000 1 $25,000 $25,000 $25,000 $25,000 $25,000

Bathrooms - River City Nature Park 1,2 $240,000 1 $240,000

Tree House - River City Nature Park 1,2 $375,000 5 $375,000

Boardwalk - River City Nature Park 1,2 $500,000 5 $500,000

Bill Keller Park Reconstruction 1,2 $203,000 3 $203,000

Rob Sullivan Park Opperations Center 1,2 $350,000 1 $350,000

Fire Trucks/Equipment 1 $1,200,000 3 $1,200,000

Fire Station 1 $900,000 3 $900,000

City Hall Build-out 2 $90,000 1 $90,000

TOTALS $26,641,000 $1,915,000 $1,368,000 $1,465,000 $1,240,000 $20,653,000

ORDINANCE 03-19

AN ORDINANCE OF THE CITY COUNCIL OF DEBARY, FLORIDA, AMENDING THE 2019 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM ANNUAL UPDATE; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EXCLUSION FROM CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Section 163.3177(3)(a), Florida Statutes, requires that local government comprehensive

plans contain a capital improvements element designed to consider the need for and the location of

public facilities; and

WHEREAS, Section 163.3177(3)(b), Florida Statutes, requires that local governments review the

capital improvements element on an annual basis, and provides that modifications to update the five-

year capital improvements schedule may be accomplished by ordinance; and

WHEREAS, “capital improvement” generally means physical assets constructed or purchased to provide, improve, or replace a public facility, typically large scale, high in cost, and may require

multi-year financing; and

WHEREAS, Section 163.3177(3)(a)4, Florida Statutes, requires that projects necessary to achieve

and maintain adopted levels of service for the five-year planning period be included in the capital

improvement schedule; and

WHEREAS, the DeBary City Council held the required public hearings with all required public notice for the purpose of hearings.

NOW, THEREFORE, BE IT IS HEREBY ORDAINED BY THE CITY OF DEBARY AS

FOLLOWS:

SECTION 1: RECITALS/INTENT. The recitals set forth above are true and correct, and

constitute legislative findings of the City Council.

SECTION 2: AMENDMENT TO THE CAPITAL IMPROVEMENT SCHEDULE.

The Capital Improvement Program Annual Update is hereby adopted as set forth in Exhibit A,

attached hereto and incorporated herein by reference.

SECTION 3: EXCLUSION FROM CITY CODE/CODIFICATION. It is the intent of the

City of DeBary City Council that the provisions of this Ordinance shall not be codified into the

DeBary Code, but that the Code Codifier shall have liberal authority to codify this Ordinance as a

separate document in accordance with prior directions given to said

Page 1 of 2

Codifier. The Code Codifier is hereby granted authority to update the Capital Improvement

Program or to otherwise make notation by reference to this Ordinance in the City of DeBary Comprehensive Plan, as amended.

SECTION 4: EFFECTIVE DATE. The effective date of this Ordinance shall be

immediately upon adoption.

SECTION 5: CONFLICTS. This ordinance shall supersede any ordinances in conflict

herewith to the extent that such conflict exists.

SECTION 7: SEVERABILITY. If any part of this ordinance is found to be invalid,

preempted, or otherwise superseded, the remainder shall nevertheless be given full force and effect to

the extent permitted by the severance of such invalid, preempted, or superseded part.

FIRST READING AND PUBLIC HEARING on the _____________

SECOND READING, PUBLIC HEARING AND ADOPTION on the _______________

CITY COUNCIL

CITY OF DEBARY, FLORIDA

Karen Chasez, Mayor

ATTEST:

Annette Hatch, City Clerk

Page 2 of 2

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AGENDA ITEM

Subject: LDC Updates Attachments: (X) Ordinance From: Matt Boerger, Growth Management ( ) Resolution ( ) Supporting Documents/ Contracts Meeting Hearing Date


REQUEST

Staff is requesting the approval the second reading of Ordinance 05-19 amending sections of the Land Development Code: Sec 1-10 Notice Requirements, from 200 feet to 1,000 feet; Sec 5-86, Tree Preservation, removing exemptions for tree removal permits for single-family homes within a PUD; and Sec 4-82 Streets, allowing exemptions for minimum right of way and asphalt width requirements.

PURPOSE

To increase public awareness of land development entitlement requests; to fairly implement the tree removal permitting process across all residential properties; and to apply logical exemptions to existing developed areas where the right of way and asphalt widths don’t meet the street design requirements and where the Development Review Committee determines adequate infrastructure is already in place to serve future infill development projects.

CONSIDERATIONS

Sec 1-10 Notice Requirements: As the City of Debary continues to experience growth pressures, existing residents want to be aware of proposed development entitlements. For amendments to the Land Development Code, Zoning Map, Special Exceptions, Variances, PUD Major and Minor Amendments, a certified mailing notice shall be sent to adjacent property owners providing information on scheduled community meetings and public hearings by City Council. However, 200 feet captures very little adjacent property owners for notification purposes. Therefore, an increase to 1,000 feet is recommended to capture a more sufficient area of the surrounding neighborhood.

Sec 5-86 Tree Preservation: The City of DeBary Land Development Code requires developers and existing residents to apply for a tree removal permit and to mitigate existing trees planned for removal. However, the Land Development Code, Sec 5-86, provides an exemption for single-family or two-family homes located in a Planned Unit Development. This is contradictory to the intent of the code due to the fact that new developments are required to install trees throughout a new subdivision and to preserve and mitigate a certain percentage of existing trees on a site. Additionally, all other lots in the City that are not within a PUD are required to obtain a tree removal permit. Therefore, it is proposed to remove these exemption criteria from the code to ensure all single-family and two-family homes in the city are treated equally and that the City’s policy of tree preservation is continued.

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Sec 4-82 Streets: The City of DeBary Land Development Code requires 70 feet of right-of-way and 24 feet of asphalt on rural sections (roads without a curb and gutter) of roads. However, many of the rights-of-way and asphalt widths within the older portions of the City do not meet this requirement. For example, many, if not most, of the rights-of-way in Plantation Estates (the “Vista Streets”) are less than the code requirement (example, 50 feet of right-of-way rather than the required 70 feet). The City receives permit applications for new single-family home construction on rights-of-way in this area, which is an older, platted subdivision, where most of the other homes have been constructed decades ago. It’s unrealistic to expect new in-fill developments such as single-family homes at the end of un-paved rights-of-way to achieve this road development standard. This is a technicality in the code that is being proposed for correction by allowing the Development Review Committee to determine whether adequate rights-of-way and asphalt width is available for existing and future infrastructure.

Findings of Fact

Increasing the notice requirements distance will capture more properties in the community allow for more public awareness of development entitlement changes

Removing single-family and two-family residential properties within a PUD from the exemptions section of the code will create more equitable treatment of the tree removal process for all residents

Allowing the DRC to evaluate adequate right-of-way and asphalt widths on a case by case basis during development application reviews will correct inconsistencies between the Land Development Code requirements and the existing built environment.

COST/FUNDING

N/A

RECOMMENDATION

Approve the second reading of Ordinance 05-19.

IMPLEMENTATION

If approved, update the applicable land development code sections. ATTACHMENTS Ordinance 05-19

ORDINANCE NO. 05-19

AN ORDINANCE OF THE CITY OF DEBARY, FLORIDA AMENDING

CHAPTER I, SECTION 1-10 OF THE LAND DEVELOPMENT CODE FOR

THE CITY OF DEBARY RELATING TO NOTICE REQUIREMENTS,

ARTICLE II, DIVISION 4, OF CHAPTER 4 OF THE LAND

DEVELOPMENT CODE FOR THE CITY OF DEBARY RELATING TO

DESIGN AND CONSTRUCTION STANDARDS OF IMPROVEMENTS,

AND ARTICLE IV OF CHAPTER 5 OF THE LAND DEVELOPMENT

CODE FOR THE CITY OF DEBARY, FLORIDA CONCERNING TREE

PRESERVATION; PROVIDING FOR ENHANCED NOTICE PROVIDED

TO PROXIMATE PROPERTY OWNERS LOCATED NEAR PROPERTIES

SUBJECT TO PROPOSED REZONINGS, SPECIAL EXCEPTIONS,

VARIANCES, MINOR AMENDMENTS TO PLANNED UNIT

DEVELOPMENTS, OR APPEALS; PROVIDING FOR PERMISSIVE

WAIVERS BY THE DEVELOPMENT REVIEW COMMITTEE

RELATING TO EXISTING DEVELOPMENT IN CERTAIN

CIRCUMSTANCES; PROVIDING FOR THE ELIMINATION OF

CERTAIN EXEMPTIONS FROM THE TREE PRESERVATION CODE

REQUIREMENTS RELATING TO RESIDENTIAL OWNER-OCCUPIED

PREMISES; PROVIDING FOR CONFLICTS, CODIFICATION,

SEVERABILITY, AND AN EFFECTIVE DATE.

WHEREAS, the City Council of the City DeBary (the “City”) recognizes the impact that

requested rezonings, variances, special exceptions, minor amendments to planned unit

developments, or certain land use related appeals may have to proximate properties; and

WHEREAS, the City finds that those properties receiving notice of the previously stated

land use related mechanisms should be increased from those abutting properties located 200 feet

from the property subject to the land use related requests to 1,000 feet; and

WHEREAS, the City desires that the Development Review Committee be allowed to

waive, in certain circumstances, certain rural development requirements to achieve minimum

pavement and right-of-way widths in order to support certain infill developments; and

WHEREAS, the City recognizes the importance of increasing and maintaining the tree

canopy and natural vegetation within the City and that the City contains many species of native

and non-native trees and vegetation of significant size and quality that contribute in a positive way

to the environment and City aesthetics; and

WHEREAS, the City recognizes that requirements relating to and policies encouraging

tree preservation tend to increase property values, filter air pollutants, maintain the natural ecology,

temper the effects of extreme temperatures, reduce runoff, prevent erosion of topsoil, and

otherwise help create and maintain the identity and visual character of the City; and

2

WHEREAS, the City finds that the wanton and wholesale destruction of trees could impair

scenic beauty, cause erosion, reduce property values, increase the cost of construction and

maintenance of drainage systems, or lead to other detrimental effects to the public’s health, safety,

and welfare; and

WHEREAS, the City has deemed it necessary to delete certain exemptions from the

application of the City’s tree preservation code provisions relating to residential owner-occupied

premises to provide additional protections consistent with the City’s tree preservation regulations,

policies, and procedures to promote community welfare and safety through the application of

reasonable regulations relating to tree clearing, removal, and permitting; and

WHEREAS, in accordance with section 163.3174, Florida Statutes, and section 1-5 of the

Code of Ordinances, City of DeBary, Florida, the City’s local planning agency, which is

designated as the City Council, has reviewed and made recommendations as to the amendments

set forth herein;

NOW, THEREFORE, BE IT ENACTED BY THE CITY OF DEBARY, FLORIDA:

SECTION 1. Recitals. The foregoing recitals are hereby ratified, confirmed as true, and

are made part of this Ordinance.

SECTION 2. Land Development Code Amendment. Chapter 1, Section 1-10 of the

Land Development Code for the City DeBary, Florida regarding Notice Requirements is hereby

amended as follows (words that are stricken out are deletions; words that are underlined are

additions; provisions not referenced are not being modified):

Chapter 1 – GENERAL PROVISIONS

* * *

Sec. 1-10. – Notice requirements.

* * *

(b) For amendments to the city’s official zoning map (rezonings) including major

amendments to a planned unit development initiated by persons or entities other than the

city, the following notice shall be provided:

* * *

(2) At least ten days prior to each public hearing on the proposed rezoning, notice

shall be sent by the applicant via certified mail to the owners of all property that is

within 2001,000 feet from the boundaries of the property subject to proposed

rezoning, and the applicant shall notify neighborhood and homeowner's

associations within the public notice area; and

3

* * *

(c) For approval or for consideration by the City Council of a special exception, variance,

minor amendment to Planned Unit Development or appeal, the following notice shall be

provided at least ten days prior to the public hearing on the request:

(1) A notice shall be sent by the applicant via certified mail to the owners of all

property that is within 2001,000 feet of the property subject to the request, and the

applicant shall notify neighborhood and homeowner's associations within the

public notice area;

* * *

SECTION 3. Land Development Code Amendment. Article II, Division 4, Chapter

Chapter 4 of the Land Development Code for the City DeBary, Florida regarding Design and

Construction Standards of Improvements is hereby amended as follows (words that are stricken

out are deletions; words that are underlined are additions; provisions not referenced are not being

modified):

* * *

DIVISION 4. – DESIGN AND CONSTRUCTION STANDARDS OF IMPROVEMENTS

* * *

Sec. 4-82. – Streets

* * *

TABLE II. RURAL DEVELOPMENT REQUIREMENTS

Arterial Collector Local Streets

Two or Four

Lanes

Four-Lane

Collector

Two-Lane

Collector

Local Local/ Cul-

de-Sac

* * * * * * * * * * * * * * * * * *

Minimum

pavement

width

24 or 48

ft. (j)

48 ft. (j) (l) 24 ft. (j) (l) 24 ft. (j) (l) 24 ft. (j) (l) / 43

ft.

* * * * * * * * * * * * * * * * * *

*Right-of-

way

100 ft. 80 ft. (l) 80 ft. (l) 70 ft. (l) 70 ft./68 ft.

radius (l)

* * * * * * * * * * * * * * * * * *

*Further explanation in provisions of this section.

* * *

4

(k)

Refer to section 4-82(d)(3) and section 4-82(f)(4).

(l)

The Development Review Committee may waive, but is not required to waive, where not feasible

to achieve these widths due to constraints of existing roadway(s) and existing surrounding

development in order to support an infill development.

* * *

SECTION 4. Land Development Code Amendment. Article IV, Chapter 5 of the Land

Development Code for the City DeBary, Florida regarding Tree Preservation is hereby amended

as follows (words that are stricken out are deletions; words that are underlined are additions;

provisions not referenced are not being modified):

ARTICLE IV. – TREE PRESERVATION

* * *

Sec. 5-86. – General Exemptions

* * *

(d) Trees with trunks which lie wholly within the property boundaries as described herein are

exempt from the requirements of this article if the following conditions are met:

(1) Residential owner-occupied. Said property is classified (zoned) pursuant to chapter 3

of this Land Development Code, as amended, as a:

a. Single-family or two-family use area, in a community development plan or

PUD, excluding mobile home rental parks;

b. Single-family or two-family dwelling or mobile home is located on said

property; and

c. Said property is owner-occupied.

(12) Existing rights-of-way and easements.

a. Any trees, except historic trees, within an existing private right-of-way or

maintenance easement which must be removed or thinned to ensure the safety of

the motoring public and to maintain visibility of oncoming traffic at intersecting

5

public streets. Trees which may disrupt public utilities such as power lines,

drainage ways and similar public needs may be removed only upon prior written

approval by the City Manager and pursuant to the requirements of subsection

(d)(34) of this section. However, historic trees located in public or private rights-

of-way or utility easements may only be impacted pursuant to City permit

requirements.

b. Planned public or private rights-of-way shall be designed to preserve as many

trees as possible. However, historic and specimen trees located in public or

private rights-of-way or utility easements may only be impacted pursuant to City

permit requirements.

(23) Trees for sale. Trees which are planted and grown for sale to the general public or

for some public purposes. Licensed wholesale plant or tree nurseries and botanical

gardens are exempt from this article.

(34) Tree removal. Removal of trees, except historical or specimen trees, by franchised

utility companies, provided that:

a. The utility company provides prior written notice of its intention to remove

trees to the City Manager and the record property owner. The written notices

shall be delivered, at minimum, 15 days prior to the intended tree removal; and

b. The utility company can demonstrate to the City Manager prior to tree removal

that:

1. The tree will cause a continual disruption of service; and

2. The threat of service interruption cannot be remedied by tree pruning in

accordance with standards as set by the American National Standards

Institute, as amended.

SECTION 5. Codification. Sections 2 through 4 of this Ordinance shall be incorporated

into the Land Development Code for the City of DeBary, Florida. Any section, paragraph number,

letter and/or any heading may be changed or modified as necessary to effectuate the foregoing.

Grammatical, typographical and similar or like errors may be corrected, and additions, alterations,

and omissions not affecting the construction or meaning of this ordinance or the Land

Development Code may be freely made.

SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, word or

provision of this Ordinance is for any reason held invalid or unconstitutional by any court of

competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall

be deemed a separate, distinct and independent provision, and such holding shall not affect the

validity of the remaining portions of this Ordinance.

6

SECTION 7. Conflicts. In the event of a conflict or conflicts between this Ordinance and

any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as

allowable under the law.

SECTION 8. Effective Date. This Ordinance shall take effect immediately upon adoption

by the City Council of DeBary, Florida.

FIRST READING: __________, 2019

SECOND READING: ___________, 2019

ADOPTED this ____ day of __________, 2019, by the City Council of the City of Debary,

Florida.

CITY COUNCIL

CITY OF DEBARY, FLORIDA

_________________________

Karen Chasez, Mayor

ATTEST:

________________________

Annette Hatch, City Clerk

7

S:\AKA\CLIENTS\DeBary,City of\General D334-16191\Tree Preservation Ordinance\Ordinance - Amending LDC 05-30-2019.docx

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AGENDA ITEM

Subject: Mobility Plan Attachments: ( ) Ordinance From: Matt Boerger, Growth Management ( ) Resolution (X) Supporting Documents/ Contracts Meeting Hearing Date


REQUEST

Staff is requesting the City Council to approve a new task order with ACi for the expansion of a mobility plan currently being drafted for the TOD area.

PURPOSE

To expand the Mobility Plan area to ensure that the adequate transportation infrastructure is in place

concurrent with new development projects in the areas of the City anticipated for new growth.

CONSIDERATIONS

A master transportation improvement plan needs to be established that considers the necessary improvements for the build-out of the TOD and surrounding areas anticipated for new growth. The establishment of a mobility plan will create a menu of transportation improvements that can be implemented as construction of individual projects commence over time. The process will replace the City’s existing concurrency process for the areas under the mobility plan. The current concurrency process slows down the development approval process. Additionally, it creates a more contentious process for ensuring that the developers pay their fair share to the impact on the city’s transportation infrastructure. A mobility plan with the associated mobility fees will resolve this issue.

The City has previously budgeted money to establish a Mobility Plan for the TOD area so that transportation planning and implementation in this area considers a multi-modal approach. A mobility plan for this area has been underway. However, staff is proposing that the area being considered for a mobility plan be expanded. The expanded area, as identified in the attached map, would include the US 17-92 corridor south of the SunRail station to the St. Johns River and west of the SunRail station along the entire Ft. Florida Road corridor up to W. Highbanks Road.

A presentation was made to a previous City Council on whether to establish a mobility plan and mobility fees for the TOD area. At that time, council directed staff to pursue it. In 2018, Council amended the budget to include the required $27,000 in funding for a mobility plan. Drafting of the original plan is almost complete. However, since then, the City has been able to identify its road improvement needs to keep up with existing and future development that could have been funded by a proposed ½ sales tax. Since the ½ sales tax failed the referendum in May, 2019, it is now determined that expanding the Mobility Plan would be in the City’s benefit to include areas anticipated for new growth in order to help pay for some of this infrastructure. This will allow for future development to pay mobility fees to off-set

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its impact to the city’s transportation infrastructure plans. A task order through ACi and their sub consultant, New Urban Concepts, is now being brought before city council for consideration. ACi has a continuing professional services agreement with the City though September 30, 2019. The terms of the Nue Urban Concept Scope shall apply to ACi as well.

COST/FUNDING

$13,000.00. This will be funded through the TOD Department which has adequate funds for this project

and no budget amendment is necessary.

RECOMMENDATION

It is recommended that the City Council authorize the City Manager to execute the proposed Scope of

Services and the expenditure of funds for $13,000.00:

IMPLEMENTATION

Nue Urban Concepts will expand the Mobility Plan area consistent with the attached Scope. Once

completed, the plan will be brought back to City Council for consideration of adoption.

ATTACHMENTS Nue Urban Concepts Scope

2579 SW 87th Drive, Suite 101 Gainesville, FL 32608

[email protected] www.nueurbanconcepts.com

352-363-0614 (c) 833-NUC-8484 (o)

www.nueurbanconcepts.com

July 27th, 2019 Mr. Larry Adams, AIA Principal-‐‑in-‐‑Charge ACi Architects 955 North Pennsylvania Ave Winter Park, FL 32789 RE: EXPANDED BOUNDARIES MOBILITY PLAN & MOBILITY FEE – CITY OF DEBARY Dear Larry: NUE Urban Concepts (NUC) is pleased to provide a scope to ACi Architects (CLIENT) to expand the assessment area for the current Mobility Plan and Mobility Fee being developed for the City of DeBary. The current assessment area is limited to the area designated in the City’s Comprehensive Plan for a Transit Oriented Development (TOD) Overlay District. The expanded Mobility Plan is an opportunity to integrate multi-‐‑modal oriented land uses, people focused complete streets, and innovative parking strategies that encourage walking, bicycling and other multi-‐‑modal transport within the TOD overlay and reduce overall dependence on automobile travel. The current approved scope to develop a mobility plan, mobility fee and an implementing area will be expanded to include the expanded assessment area as shown on the attachment to this scope. The following are the task to be undertaken: I. SCOPE OF SERVICES

Task 1: MOBILITY PLAN: Expand the Mobility Plan to include improvements for the expanded assessment area above those identified for the currently adopted TOD Overlay District.

Task 2: PROJECT GROWTH & FUTURE TRAVEL DEMAND: Future travel demand

shall be based upon the build-‐‑out of the expanded area based upon the comprehensive plan and projected future development potential for the area.


2

The travel demand will be added to the potential travel demand within the TOD Overlay District. The City shall provide to NUC the development potential of residential units and the square footage of retail and office uses for the expanded area.

Task 3: MOBILITY FEE: A Mobility Fee will be developed based upon the multimodal

improvements included in the Mobility Plan and the future travel demand based on trip generation and person trips from the build-‐‑out of land uses with in the expanded assessment area and the TOD Overlay District. The Fee shall be consistent with case law and statutory requirements. The land use schedule for the Mobility Fee will be streamlined to allow ease of implementation. The assessment area shall be the entirety of the expanded area and the TOD Overlay District.

Task 4: IMPLEMENTING ORDINANCE: Assist the City Attorney with development of

a Fee implementing ordinance based upon the Mobility Fee Technical Report. The City Attorney shall provide the lead with developing the ordinance framework, description, section location, legal interpretations and standard legal language included in local government ordinances. The task does not include any updates to existing interlocal agreements or coordination with Volusia County, which would be handled under a separate scope.

Deliverables:

• Comprehensive Plan Legislative Intent Policies • Mobility Plan • Mobility Fee Technical Report • Assist City Attorney with development of Mobility Fee Ordinance

II. CLIENT’S RESPONSIBILITIES

Provide NUC with relevant analysis, papers, plans, reports, studies, data, ordinances and agreements. City will provide GIS mapping. City will provide traffic counts as needed and coordinate obtaining data from Volusia County, FDOT and the TPO. City Attorney will take the lead in development of implementing ordinance. City Staff will process any Comprehensive Plan Amendments through the City Council and the Florida Department of Economic Opportunity. City will prepare any required Staff report or supporting


3

documentation for Comprehensive Plan Amendments and City Council Meeting. City Staff will set-‐‑up and coordinate meetings with third parties.

III. SCHEDULE Upon receipt of a fully executed copy of this Agreement, NUC shall perform its services and discharge the obligations imposed upon us in a prompt and timely manner and as expeditiously as it is consistent with professional skill and care, and the orderly progress of work. We also acknowledge that the CLIENT is to be regularly and routinely consulted in connection with the performance hereunder.

IV. DURATION OF CONTRACT (Schedule) It is anticipated that the draft Mobility Plan, Mobility Fee, and Mobility Fee Ordinance would be finalized by October 30th, 2019 and the final product delivered to the City before December 31st, 2019. This scope does not include meetings or coordination with Volusia County. Additional work may occur after adoption as agreed to in writing between NUC and the CLIENT.

V. COMPENSATION The lump sum rate for NUC services is $13,000. The Contract will an electronic copy. This contract does not include any additional meetings beyond those currently approved in the current scope. NUC shall submit invoices to the CLIENT monthly for the work performed.

VI. RETAINER Not applicable.

VII. ADDITIONAL SERVICES

The Scope does not include any updates to the Comprehensive Plan, beyond those established for legislative intent, Land Development Regulations or updates to the Interlocal Agreement between the City and the County. Additional services and meetings will require a Scope addendum or an additional contract.

VIII. INDEMNIFICATION

The CLIENT shall indemnify and hold harmless NUC against any claims, damages, losses and expenses (including reasonable attorney’s fees and costs associated


4

with such claims) resulting from the performance of services, provided that any such claim, damage, loss or expense is caused by the negligent act, omission, and/or strict liability of the CLIENT. NUC shall indemnify and hold harmless the CLIENT against any claims, damages, losses and expenses (including reasonable attorney’s fees and costs associated with such claims) resulting from the performance of services, provided that any such claim, damage, loss or expense is caused by the negligent act, omission, and/or strict liability of NUC.

IX. RISK ALLOCATION In recognition of the relative risks, rewards and benefits of the project to both the CLIENT and NUC, the risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, the total liability for any claim of any nature whatsoever arising out or related to the performance of services under this Agreement, as to NUC shall be limited, in the aggregate amount of any/all such claim(s) to no more than the total fees for professional services paid by the CLIENT pursuant to the Agreement, whichever amount is less.

X. MISCELLANEOUS PROVISIONS

The Parties expressly waive their rights to claim consequential damages of any kind, nature or species which relate to the performance of obligations by either Party to this Agreement, as well as their employees, officers, and directors.

XI. REUSE OF DOCUMENTS

All documents prepared or furnished by NUC pursuant to this Agreement are instruments of service in respect of the project and NUC may make and retain copies of the information and use as a reference of task completed and work products produced for professional purposes. The CLIENT has full ownership and use of all such documents. Any reuse and adaptation from NUC for the specific purpose intended will be at the CLIENT’S sole risk and without any liability or legal exposure to NUC. The CLIENT shall indemnify and hold harmless NUC from all claims, damages, losses, and expenses including attorney’s fees arising out of or resulting therefrom.

XII. FEE SCHEDULE The Scope is a lump sum contract per section V.

XIII. MEETINGS


5

This scope does not include any additional meetings beyond those currently approved in the current scope.

XIV. HOURLY RATES

The Hourly rate per professional charges is as follows: Principal: $200.00

Planner: $125.00 Graphic / Social Media: $75.00 Administrative: $40.00 Additional meetings will be billed at the hourly rates identified above.

XV. APPLICABLE LAWS

Unless otherwise specified, the laws of the State of Florida shall govern this agreement.

XVI. INSURANCE

NUC shall maintain general liability insurance of $1,000,000 commercial liability of $1,000,000 and automobile liability of $1,000,000.

This proposal and the CLIENTS standard Purchase Order terms and conditions represents the entire understanding between us with respect to the project and may only be modified in writing, signed by both parties. Thank you again for allowing NUC the opportunity to prepare this proposal for you. Sincerely,

Jonathan B. Paul Principal Attachment: Expanded Mobility Plan and Mobility Fee Area

Curren

t Mob

ility Plan /

Mob

ility Fee Area (yellow)

Expa

nded

Mob

ility Plan /

Mob

ility Fee Area (red

)Mob

ility Plan / Fee Scop

e Attachmen

t

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AGENDA ITEM

Subject Award of Bid 03-19 – Rob Sullivan Park – West Parking Lot Expansion Project

Attachments: ( ) Ordinance From: Carmen Rosamonda, City Manager ( ) Resolution ( ) Supporting Documents/ Contracts Meeting Hearing Date


REQUEST

City Manager is requesting City Council to award Bid No. 03-18, the Rob Sullivan Park – West Parking Lot Expansion Project, to the lowest responsive and responsible bidder, Dale Beasley Construction, Inc.

PURPOSE

Bid No. 03-19, the Rob Sullivan Park, West Parking Lot Expansion Project will increase the capacity for the vehicle parking at Rob Sullivan Park and help to alleviate parking issues that arise during large events. Rob Sullivan Park currently hosts several large events each year that fully utilize the existing parking lots causing traffic problems on West Highbanks Road. The proposed project will add 85 parking spaces to the West Parking Lot.

CONSIDERATIONS

At the direction of City Council and pursuant to the aforementioned issues, on July 7, 2019 the City of DeBary advertised Bid No. 03-19 in the Daytona Beach News-Journal and posted the Bid Documents on the City’s web site and the Vendorlink web portal requesting proposals from Florida Contractors. Potential bidders were notified that a mandatory Pre-Bid Conference would be held at 2:00 PM on July 15, 2019, at DeBary City Hall. Nine (9) Contractors were represented at the mandatory pre-bid meeting. As advertised, on July 23, 2019 at 2:00 PM, the City of DeBary received four (4) sealed bids for Bid No. 03-19 at City Hall. All bids were unsealed and read aloud at the public bid opening with a representative of the bidders and other witnesses present. The results of the bid are;

Contractor Bid Amount 1. Professional Service Group, Inc. $119,919.70 - Rejected 2. Dale Beasley Construction Company, LLC $144,690.73 - Revised 3. P & S Paving, Inc. $209,009.18 4. Atlantic Civil Construction Group $242,132.49

The evidence of experience submitted by the lowest bidder, Professional Services Group, LLC (PSG) did not include construction of underground stormwater systems. PSG was requested to provide evidence of similar experience and appropriate licensing for underground construction. PSG did not respond to the City’s request and the City notified PSG by certified mail that its Bid was rejected in accordance with the Instructions to Bidders.

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Dale Beasley Construction Company, LLC, the second lowest bidder, is a licensed General Contractor and Underground Contractor in the Central Florida area. References for Dale Beasley Construction confirm a history of successful projects for similar municipalities in Central Florida. Dale Beasley Construction Company, LLC revised its Bid Amount as requested to correct a minor mathematic error. The corrected Bid Amount is $144,690.73.

COST/FUNDING

Funding for the project is budgeted from the General Fund.

RECOMMENDATION

Recommendation to Award the Contract for Construction of Bid No. 03-19, Rob Sullivan Park – West Parking Lot Expansion Project, to the lowest responsive and responsible bidder, Dale Beasley Construction Company, LLC for the low bid amount of $144,690.73, with a contingency budget of 6% or $8,681.44 to be included for the total budgeted amount of $153,372.17.

IMPLEMENTATION

The project is expected to start before the end of August 2019 and to be completed before the end of

September 2019.