City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be AGENDA CITY COUNCIL MEETING August 23, 2016 7:00 p.m., Community Center, 3048 S. Atlantic Ave. Daytona Beach Shores, FL 32118 Upon being recognized, a member of the public shall proceed to the podium and give his or her name and address and may, thereafter, speak for a maximum of three minutes on any matter relevant to a specific agenda item. During Audience Comments, a member of the public may speak on any matter relevant to City business which is not on the agenda, for a maximum of three minutes in accordance with Section 2-1.1(d) and 2-2 of the City Code. In accordance with Section 2-2, during periods set aside for public discussion any person desiring to speak shall secure a form located at the agenda table, complete the form and present it to the City Clerk so the speaker can be recognized by the presiding officer. The use of profanity, obscene language, threats or any violent or abusive conduct by any person shall constitute a violation of this section. It shall be the duty of the Director of Public Safety, upon the order of the presiding officer at any such meeting, to forcibly, if necessary, evict any person violating the provisions of this section from the Council Meeting Hall. Any such violation shall subject the offender, upon conviction thereof, to a fine and/or imprisonment as prescribed by Section 1-8. CALL TO ORDER BY MAYOR ROLL CALL BY CITY CLERK CEREMONIAL MATTERS: PRAYER PLEDGE OF ALLEGIANCE 1. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: Presentation by Jennifer from Lighthouse Loop Marathon BUSINESS OF THE CITY COUNCIL: ORDER OF BUSINESS 2. APPROVAL OF THE MINUTES: July 12, 2016 City Council Meeting 3. CONSENT AGENDA: Monthly Departmental Reports Monthly Financial Report Approval to re-appoint Sally Dowling to Code Enforcement Board as regular member Approval to appoint Mary Lou Radish to Beautification as alternate member Approval to spend $4000 from Contraband on gym equipment Approval to transfer City Irrigation water meter to Starbucks City Council 8/23/16 1 | P a g e Approval for sidewalk easement for Starbucks Approval for amended utility easement with Drive-In Christian Church 4. REPORTS OF THE CITY ATTORNEY: 5. REPORTS OF THE CITY MANAGER: OLD BUSINESS: None. NEW BUSINESS: 6. Ordinance 2016-09 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, RELATING TO VOLUNTARY ANNEXATION OF REAL PROPERTY LOCATED AT 3120 LIBERTY STREET (FULL IDENTIFICATION NUMBER 34-15-33-02-08-0110) TOGETHER WITH PARCEL ASSOCIATED RIGHT-OF-WAYS IN ACCORDANCE WITH SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR LEGISLATIVE AND ADMINISTRATIVE FINDINGS; REDEFINING THE BOUNDARIES OF THE CITY; PROVIDING FOR LEGAL EFFECT AND IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS ; PROVIDING FOR SEVERABILITY, PROVIDING FOR NON- CODIFICATION AND SETTING AN EFFECTIVE DATE. First Reading. 7. Consideration for Site Plan Extension Dimucci Tower 14 8. Discussion on bird feeding on the beach 9. COUNCIL COMMENTS: 10. AUDIENCE REMARKS/PUBLIC COMMENTS: 11. ITEMS RECOMMENDED FOR THE NEXT AGENDA: 12. ADJOURNMENT: Notice is hereby given to all interested parties that if a person should decide to appeal any decision made at the aforementioned meeting of the City Council, such person will need a recording of the proceedings conducted at such meeting, and for such purpose he or she may need to ensure that a verbatim record of the proceedings was made; such record to include testimony and evidence upon which any appeal shall be based. Please be advised that all City Council Meetings are recorded. Note: Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations for this public meeting should contact the Office of the City Clerk at 2990 S. Atlantic Avenue, Daytona Beach Shores, FL 32118, or telephone 386-763-5364 at least seven working days prior to the meeting. City Council 8/23/16 2 | P a g e MINUTES CITY COUNCIL MEETING July 12, 2016 3048 S. Atlantic Ave. Daytona Beach Shores, FL 32118 Present: Mayor Harry Jennings, Vice Mayor Peggy Rice, CouncilMember Jennie Celona CouncilMember Lorraine Geiger and CouncilMember Billie Wheeler. Staff: City Manager Michael Booker, City Clerk Cheri Schwab, City Attorney Lonnie Groot, Community Services Director Fred Hiatt, and Public Safety Director Stephan Dembinsky 1. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: Mayor Jennings read a letter of support from the City Council that will be presented to all the Public Safety Officers. 2. APPROVAL OF THE MINUTES: June 28, 2016 City Council Meeting CMBR WHEELER moved, seconded by CMBR RICE to approve the minutes of June 28, 2016. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Billie Wheeler, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. 3. CONSENT AGENDA: None. 4. REPORTS OF THE CITY ATTORNEY: None. 5. REPORTS OF THE CITY MANAGER: The City Manager requested to cancel the next meeting scheduled for July 26th . There are no pressing issues for the agenda. OLD BUSINESS: None. NEW BUSINESS: 6. CONSIDERATION OF CONSTRUCTION MANAGER CONTRACT The City Manager noted that the contract had a $6 million cap for construction costs and the rate for the Construction Manager was 4.5%. CMBR CELONA moved, seconded by CMBR GEIGER to approve the construction manager contract. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Billie Wheeler, CouncilMember Jennie Celona, Mayor Harry Jennings, Vice Mayor Peggy Rice. City Council 7/12/16 1 | P a g e 7. COUNCIL COMMENTS: CMBR Wheeler requested an update on Treasure Island for the next meeting. Mayor Jennings replied that he had spoken with the representative and planned to meet with him when he was in town. They are doing their due diligence in researching the building. Director Hiatt informed the council that the concrete restoration on the building is in progress. CMBR Geiger announced the next two concerts for the Culture & Entertainment Board. This Friday, July 15th will be the Endless Summer Band, a Beach Boys Review. Friday, July 29th, HiWay 40 will perform. End of Summer Bash tickets on sale now at City Hall for $15 each. The event will be held on Friday, September 9th. ITEMS RECOMMENDED FOR THE NEXT AGENDA: None. 8. AUDIENCE REMARKS/PUBLIC COMMENTS: There were seven audience members who spoke regarding the tennis courts. They asked to keep the courts open during construction of the new community center as it is their livelihood. They cited that having the clay courts brought many members to the racquet club. 9. 10. ADJOURNMENT: The meeting ended at 7:34 pm. ______________________________ MAYOR HARRY H. JENNINGS ATTEST: ______________________________ CITY CLERK, CHERI SCHWAB __________________________ CITY MANAGER MICHAEL T. BOOKER City Council 7/12/16 2 | P a g e Reports of the City Attorney Reports of the City Manager STAFF REPORT TO THE CITY COUNCIL AUGUST 23, 2016 Ordinance 2016-09 Voluntary Annexation Request (per Sec. 171.044. F.S.) 3120 Liberty Street (unincorporated Volusia County) 34-15-33-02-08-0110 ITEM: SUBJECT: LOCATION: TAX PARCEL ID: APPLICANT/OWNER: Keith Sherman & Colleen Ward STAFF CONTACT: REQUEST: Stewart Cruz; City Planner To approve Ordinance 2016-09, which would annex the subject unincorporated real property into the City limits of Daytona Beach Shores. A. INTRODUCTION Keith Sherman & Colleen Ward, owners of the subject unincorporated property (Exhibit 1) located at 3120 Liberty Street, have petitioned the City of Daytona Beach Shores for voluntary annexation into the Citys corporate limits (Exhibit 2) pursuant to Section 171.044, Florida Statutes. In addition, pursuant to Section 171.062, Florida Statutes, the property owners have also submitted applications to amend the future land use and zoning classifications of the property in question. The future land use amendment and rezoning ordinances will be adopted subsequent to the formal annexation of the subject property. The subject property (50 * 214) is approximately 0.25 of an acre and is currently vacant (Exhibit 3). The proposed City future land use and zoning classifications will be consistent with the existing neighborhood as the property owners plan to construct a single-family home on the site. Exhibit 4 attached provides a general description of the subject property. B. ANNEXATION CRITERIA Exhibit 5 attached demonstrates compliance with the voluntary annexation requirements prescribed in Section 171.044, Florida Statutes. C. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2016-09 as presented. Ord. 2016-09: Voluntary Annexation Request-3120 Liberty St. Staff Report: City Council August 23, 2016 Page 1 of 7 EXHIBIT 1: Location Map of Annexing Property (3120 Liberty Street) Milanos Restaurant Van Avenue Liberty St. S. Atlantic Ave. Source: Volusia County Property Appraiser Website (PALMS), 2016 Subject Property Ord. 2016-09: Voluntary Annexation Request-3120 Liberty St. Staff Report: City Council August 23, 2016 Page 2 of 7 EXHIBIT 2: Annexation Application Ord. 2016-09: Voluntary Annexation Request-3120 Liberty St. Staff Report: City Council August 23, 2016 Page 3 of 7 Ord. 2016-09: Voluntary Annexation Request-3120 Liberty St. Staff Report: City Council August 23, 2016 Page 4 of 7 EXHIBIT 3 A: Aerial View of Annexing Property Source: Volusia County Property Appraiser Website (PALMS), 2016 B: Westerly Street View of Annexing Property (Liberty Street) 3120 Liberty St. Source: GoogleMaps, 2016 Ord. 2016-09: Voluntary Annexation Request-3120 Liberty St. Staff Report: City Council August 23, 2016 Page 5 of 7 Exhibit 4 PRE-ANNEXATION FORM Yes Yes X No ________ No X Unimproved Lot (Vacant) _X___ East X West _____ North X South Name of Property Owner: Keith Sherman & Colleen Ward Property Address/Tax Parcel ID: 3120 Liberty St. /34-15-33-02-08-0110 According to Volusia County property records, does this property appear to meet Section 171.044 of Florida Statutes? How is property contiguous? Current Assessed Total Just Value: $49,951 Taxable Value: $49,951 Homesteaded Property: Improved Lot Existing Use: N/A Conforming Land Use: X Existing County Zoning: R-9 Urban Single-Family Residential District Existing County Land Use: Urban Low Intensity Condition of Property: Poor ________ Water: Sanitary: If septic tank on site, is sewer available? NA Metes and Bounds Survey conducted? Prepared by: Stewart Cruz, City Planner Non-Conforming Land Use: Explain: Daytona Beach ________ N/A Port Orange Septic Tank ________ N/A Sewer Excellent _________ Yes X No ________ Yes ________ Good X No ________ Date: August 15, 2016 Ord. 2016-09: Voluntary Annexation Request-3120 Liberty St. Staff Report: City Council August 23, 2016 Page 6 of 7 EXHIBIT 5: Voluntary Annexation Criteria pursuant to Section 171.044, Florida Statutes Criteria Met Yes Yes Yes Comments Per Sec. 171.031(11), subject property is contiguous to the City to the east and north. Per Sec. 171.031(12), subject property is reasonably compact and will not create new enclaves, pockets or finger areas in serpentine patterns. In addition, the annexation will aid in reducing the larger county enclave in the vicinity. See Exhibit 2. Yes Pending Ordinance filing will occur per statutory deadline subsequent to the Evidence filed with the Office of the City Clerk. Ordinances adoption. See Ordinance 2016-09. Per Sec. 171.031(13), subject property does not create an enclave. In fact the annexation will reduce the larger County enclave that currently exists in this area. Notice provided via certified mail on 8/03/16 per statutory requirement. Section Annexation Criteria 171.044(1) Property must be contiguous to the City. 171.044(1) Property must be reasonably compact. 171.044(2) Petition bears the signatures of all owners of property. Meet publication requirements. 171.044(2) 171.044(3) Ordinance shall be filed per statute. 171.044(3) Ordinance shall include a map and legal description by metes and bounds. 171.044(4) Annexation method shall be supplemental to any other procedure provided by general law. 171.044(5) Annexation shall not create enclaves. 171.044(6) Provision of notice to County Commissioners per statute. Yes N/A Yes Yes Ord. 2016-09: Voluntary Annexation Request-3120 Liberty St. Staff Report: City Council August 23, 2016 Page 7 of 7 ORDINANCE NO. 2016-09 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, RELATING TO VOLUNTARY ANNEXATION OF REAL PROPERTY LOCATED AT 3120 LIBERTY STREET (FULL PARCEL IDENTIFICATION NUMBER 34-15-33-02-08-0110) TOGETHER WITH ASSOCIATED RIGHT- OF-WAYS IN ACCORDANCE WITH SECTION 171.044, FLORIDA AND STATUTES; ADMINISTRATIVE THE BOUNDARIES OF THE CITY; PROVIDING FOR LEGAL EFFECT AND IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR NON-CODIFICATION AND SETTING AN EFFECTIVE DATE. LEGISLATIVE REDEFINING FOR FINDINGS; FOR CONFLICTS PROVIDING PROVIDING ; Tax Identification Parcel Number WHEREAS, the subject property is currently addressed 3120 Liberty Street; and WHEREAS, the applicants are the fee simple title owners of all of said property WHEREAS, Keith Sherman & Colleen Ward applied for annexation of property into the City of Daytona Beach Shores and is hereby determined to be the fee simple title owners of the real property described below; and WHEREAS, the said applicant petitioned the City of Daytona Beach Shores, pursuant to Section 171.044, Florida Statutes, for annexation of said property into the municipal limits of the City of Daytona Beach Shores; and being described by Tax Identification Parcel Number as follows: ; and WHEREAS, the City of Daytona Beach Shores has determined that all of the property which is proposed to be annexed into the City of Daytona Beach Shores is within an unincorporated area of Volusia County, is reasonably compact and contiguous to the corporate areas of the City of Daytona Beach Shores, Florida and it is further determined that the annexation of said property will not result in the creation of any enclave (and, indeed, logically fills in the City Limits of the City and is consistent with sound principles and practices relating to the delineating of jurisdictional boundaries thereby furthering sound management in terms of the provision of public facilities and services as well as sound land use planning), and it is further determined that the property otherwise fully complies with the requirements of State law and has, further, determined that associated rights-of-way should be annexed hereby; and Keith Sherman & Colleen Ward 34-15-33-02-08-0110 Owner Ordinance 2016-09 Page No.1 WHEREAS, the City Council of the City of Daytona Beach Shores, Florida has taken all actions in accordance with the requirements and procedures mandated by State law; and WHEREAS, the City Council of the City of Daytona Beach Shores, Florida hereby determines that it is to the advantage of the City of Daytona Beach Shores and in the best interests of the citizens of the City of Daytona Beach Shores to annex the aforedescribed property; and WHEREAS, the provisions of Section 166.031(3), Florida Statutes, provide that [a] municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2); and follows: WHEREAS, the provisions of Section 171.091, Florida Statutes, provide as Recording.Any change in the municipal boundaries through annexation or contraction shall revise the charter boundary article and shall be filed as a revision of the charter with the Department of State within 30 days. A copy of such revision must be submitted to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. ; and WHEREAS, the map attached hereto as Exhibit A shows, describes, and depicts the property and named associated rights-of-ways which are hereby annexed into the City of Daytona Beach Shores said Exhibit being incorporated into the substantive provisions of this Ordinance as if fully set forth herein verbatim. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF LEGISLATIVE ADMINISTRATIVE THE CITY OF DAYTONA BEACH SHORES, FLORIDA, as follows: SECTION ONE: FINDINGS/ANNEXATION OF PROPERTIES. (a). The City Council of the City of Daytona Beach Shores hereby finds that the recitations set forth are true and correct and that the requirements of Section 171.044, Florida Statutes, as well as all other requirements of controlling law, have been complied with in every respect. (b). Under the authority of Section 166.031 (3), Florida Statutes, relating to city charter amendments, [a] municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. . . . . A municipality may, by AND Ordinance 2016-09 Page No.2 ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State . . . This Ordinance shall amend the boundaries of the City to include the property annexed in this Ordinance. SECTION TWO: ANNEXATION INTO THE CITY. The real property depicted and described by metes and bounds in Exhibit A appended hereto, which Exhibit is made part hereof and which property is owned by the petitioning property owner, and further described as set forth below, together with the associated rights-of-way as described below, is hereby annexed into the City Limits of the City of Daytona Beach Shores, said property being described as follows: LOT 11 BLK 8 ROGERS NORTH ORITA MB 14 PGS 121-122 INC PER OR 4588 PG 2809 PER OR 5582 PG 2437 PER OR 5904 PG 0503 PER OR 6964 PG 2088 PER OR 7146 PG 1337; together with all rights- of-way of Liberty Street abutting any property located within the City Limits of the City of Daytona Beach Shores and all rights-of-way of Brookfair Crescent abutting any property located within the City. SECTION THREE: CHANGE IN CITY BOUNDARIES/LEGAL EFFECT OF ANNEXATION. The boundary lines of the City Limits of the City of Daytona Beach Shores are hereby redefined and, upon the effective date of this Ordinance shall also encompass the annexed property as described herein and depicted in Exhibit A. Upon this Ordinance becoming effective, the property owner of the annexed property shall be entitled to all the rights and privileges and immunities as are from time-to-time granted to property owners of the City as further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of ownership as may from time-to-time be determined by the governing authority of the City and the provisions of said Chapter 171, Florida Statutes. SECTION FOUR: ADMINISTRATIVE IMPLEMENTING ACTIONS. (a). Within seven (7) days of the adoption of this Ordinance, the City Clerk shall file a copy of said Ordinance with the Clerk of the Court (Land Records/Recording), with the Chief Administrative Officer of Volusia County (the County Manager), with the Florida Department of State, and with such other agencies and entities as may be required by law or otherwise desirable. (b). The City Manager, or designees within City management staff, shall ensure that the property annexed by this Ordinance is incorporated into the City of Daytona Beach Shores Comprehensive Plan and the Official Zoning Map of the City of Daytona Beach Shores in an expeditious manner and, in accordance with, and pursuant to, the provisions of Under the authority of Section 166.031(3), Florida Statutes, the City Manager, or designees, shall amend the boundaries of the City to include the property annexed in this Ordinance and all previously annexed properties in all maps and geographical data Ordinance 2016-09 Page No.3 relating to the City Limits said properties to include, but not be limited to, annexed rights-of-way and natural features. SECTION FIVE: CONFLICTS. Any and all ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION SIX; SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION SEVEN. NON-CODIFICATION. This Ordinance shall be not be codified in the City Code of the City of Daytona Beach Shores, or the Land Development Code of the City of Daytona Beach Shores, or the City of Daytona Beach Shores Comprehensive Plan provided, however, that the actions taken herein shall be depicted on the pertinent maps of the City of Daytona Beach Shores by the City Manager, or designee. SECTION EIGHT: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage and adoption. CITY OF DAYTONA BEACH SHORES, FLORIDA ______________________________________ HARRY JENNINGS, MAYOR ____________________________________ MICHAEL T. BOOKER, CITY MANAGER Approved as to form and legality: ________________________________________ LONNIE GROOT, CITY ATTORNEY Passed on first reading this ______ day of ________, 2016. Adopted on second reading this _______ day of _______, 2016. ______________________________ CHERI SCHWAB, CITY CLERK Ordinance 2016-09 Page No.4 (1) Location Map of Annexing Property (3120 Liberty Street) EXHIBIT A Van Avenue Liberty St. S. Atlantic Ave. Subject Property Source: Volusia County Property Appraiser Website (PALMS), 2016 (2) Metes and Bounds Description Ordinance 2016-09 Page No.5 Council comments Audience remarks Items for the next agenda