ITY OF NEW SMYRNA BEAH ITY OMMISSION REGULAR MEETING AGENDA TUESDAY AUGUST 28 2012 630PM ITY OMMISSION HAMBER ITY HALL 210SAMS AVENUE NEW SMYRNA BEAH FLORIDA I all to Order Roll all II Invocation Pledgeof Allegiance III Aoaroval of the Agenda IV Announcements Presentations Recognition A 2013 Balloon and Skv Fest A presentation by the Balloon and Sky Fest Foundation outlin ing the planned events ofthe 2013 Balloon and Sky Fest scheduled for the weekend of April 56and7 2013 V Mavor and ommission Reports VI onsent Agenda Approval of Mioutes Routine Resolutions A Approval of Minutes Approve the minutes of regular meetings held January 10 2012 Jan uary 24 2012 February 14 2012 February 28 2012 March 13 2012 March 27 2012 April 10 2012 April 24 2012 May 8 2012 May 22 2012 June 12 2012 and June 26 2012 special meetings held January 18 2012 February 14 2012 April 24 2012 May 22 2012 June 26 2012 and July 31 2012 and meetings ofthe Board ofelections held May 8 2012 and June l2 2012 B Request for Qualifications Surveying Services Approve the RFQ for Surveying Services ontinuing ontract in order to select three firms to be on retainer and rotate the surveying services as needed Request for Oualifications Ening Bering Services South Atlantic Avenue Beach Park prove the RFQ for Engineering Services for South Atlantic Avenue Beach Park in order to se lect afirm for the design permitting and construction document preparation for future bid Ap ding purposes D Page 1 of 642 RA Grants in Aid Program Revision Approve a recommended revision to the current RA Grants in aid program eliminating the requirement that private businesses submit tax returns with applications for grants in aid
E Bid Award 2012 Ditch leanin Pro am Approve leaning Program to United Land Service for the amount of46 400 the award of bid for the 2012 Ditch F ompromise and Settlement Aereement Ilawks ove Subdivision Approve entering into a ompromise and Settlement Agreement with North American Specialty Insurance ompany in the amount of13 559 to be dedicated to paving the roadway at Hawks ove Subdivision G Upcoming Special Events Approve the following special events as recommended by the Special Events ommittee 1 Flagler Avenue Food Truck Bazaar Approve the conduct of Food Truck Bazaars to be held on Flagler Avenue on Friday August 3l 2012 Thursday November 15 2012 and Thursday February 21 2013 as sponsored by the ity Recreation Special Events Department Also approve the closure of Flagler Avenue from Peninsula to Buenos Aires from 3 pm to 9 pm the same days ofthe events 2 SEV hamber ofommerce 80th Anniversary elebration Approve the conduct of the Southeast Volusia hamber of ommerce 80th Anniversary elebration on Monday October 8 2012 from 4 pm to 8 pm Also approve the closure of anal Street from Sams Avenue to Riverside Drive from 12 pm to 10 pm the day of the event 3 ookies for Kids Fundraiser Team Logan Bake Sale Approve the conduct of the fundraiser titled ookies for Kids on Saturday October 13 2012 as requested by Team Logan in order to make a Guinness Book of World Records attempt for World slargest Bake Sale Also approve the closure of anal Street from US 1 to Riverside Drive from 12 00 pm to 8 pm the day ofthe event 4 IMAGES A Festival ofthe Arts Approve the conduct of the annual IMAGES A Festival ofthe Arts event sponsored by the Atlantic enter for the Arts to be held January 25 through January 27 2013 Also approve the closure of Riverside Drive from Andrews to anal Street and anal Street from Riverside Drive to Faulkner Street from Friday January 25 2013 to Sunday January 27 2013 5 SEV hamber of ommerce orporate Run Approve the conduct of the Southeast Volusia hamber of ommerce orporate Run on Saturday April 4 2013 from 1 pm to 10 pm Also approve the closure of anal Street from Sams Avenue to Riv erside Drive from 4 pm to 10 pm the day ofthe event VII Ordinances Secoud Reading and Public Hearings A Ordinance No 59 12 Large Scale omprehensive Plan Amendment Bollin 2536 Paige Avenue onduct the second reading and public hearing of an ordinance which if adopted would change land use designation on approximately 123acres located at 2536 Paige Ave nue east of the intersection of Paige Avenue and Glencoe Road from Volusia ounty Low Impact Urban to ity Residential Estate land use designation At its meeting on May 7 2012 the Planning and Zoning Board acting as Local Planning Agency unanimously recommend ed adoption of the proposed ordinance At its regular meetiug held May 22 2012 the ity ommission unanimously approved the transmittal of the proposed ordinance to the Florida Department of Economic Opportunity for sufficiency review as ommissioner Hathaway and seconded by Vice Mayor Reiker moved by Page 2 of 642
Regular BMeeting Ordinance - August No60 Rezoning 28, 2012 Bolling 2536 Paige Avenue onduct the second reading and public hearing of an ordinance which if adopted would rezone approximately 123acres located at 2536 Paige Avenue east of the intersection of Paige Avenue and Glencoe Road from Volusia ounty Urban Single Family Residential R3 to iry Rural Agricultural Es tate RA zoning district At its meeting on May 7 2012 the Planning and Zoning Boazd acting as Local Planning Agency unanimously recommended adoption ofthe proposed ordi nance At its regular meeting held May 22 2012 the ity ommission unanimously ap proved the transmittal of the proposed ordinance to the Florida Department of Eco nomic Opportunity for sufficiency review as moved by ommissioner Hathaway and seconded by Vice Mayor Reiker Ordinance No62 12 Fortune Telling Businesses onduct the second and final of two re quired public hearings of an ordinance which if adopted would amend the Land Develop ment Regulations by allowing fortune telling businesses in the Mixed Use MU Highway Service BusinessB3 and Planned Shopping enter B5 zoning districts At its meeting on April 2 2012 the Planning and Zoning Board acting as Local Planning Agency by ma jority vote of 6 1 recommended adoption of the proposed ordinance with amendments At its regular meeting held Juae 12 2012 the ity ommission by 3 1 majority vote ap proved the proposed ordinance on first reading and first public hearing as moved by ommissioner Hathaway and seconded by ommissioner Grasty This public hearine was deferred at the regular meetines on June26 2012 and August 15 2012 D Ordinance No 67 anal 12alore Dredging District onduct the second reading and pub lic hearing of an ordinance which if adopted would establish the anal alore Dredging District defining the areas included in the district and estimating the costs of services and improvements At its regular meeting held August 15 2012 the ity ommission by 3 2 majority vote approved this ordinance on first reading as moved by Vice Mayor Reiker and seconded by ommissioner Grasty E Resolution No19 12 Resolution of Intent anal alore Dredging Assessment onduct a public hearing of a resolution which if adopted would express the ity s intent to utilize the uniform method for collection of non ad valorem assess special ments for the dredging and maintenance of the anal alore F Ordinance No68 12 Tour Boats onduct the second and final of two required public hear ings of an ordinance which if adopted would amend the ity Land Development Regulations by amending the definition of Tour Boats to include Water Taxis and Water Ferries and by allowing tour boats as a conditional use in the Recreation zoning district At its meeting July 2 2012 the Planning and Zoning Board acting as Local Planning Agency unanimously rec ommended adoption of the proposed ordinance At its regular meeting held August 15 2012 the ity ommissiou uuauimously approved this ordinance on first reading and first public hearing as moved by ommissiouer Grasty and seconded by Vice Mayor Reiker G Ordinance No71 12Budget Amendment onduct the second reading and public heazing of an ordinance which if adopted would amend the current expenses and capital outlay re quired by the ity for the fiscal yeaz October 1 201 l through September 3Q 2012 At its regular meeting held August 15 2012 the ity ommissiou unanimously approved this ordinance on first reading as moved by ommissioner Grasty and secoaded by om missioner Hathaway H Ordinance No72 12 Easement Vacation 725 East 3rd Avenue onduct the second reading and public hearing ofan ordinance which if adopted would surrender and relinquish approximately 4 x 273 feet of a utility easement at 725 East 3rd Avenue At its regular meeting held August 15 2012 the ity ommission unanimously this ordi approved nance on first reading as moved by ommissioner Plaskett and secoaded by Vice Page 3 of Mayor 642 Reiker
Regular Meeting Ordinance - August No 73 12 28, 2012 Sign Reeulation Revisions onduct the first oftwo required public hearings of an ordinance which if adopted would amend the ity Land Development Regu lations by amending the sign regulations to consolidate and correct signage regulations and transfer responsibility for sign variances from the Planning and Zoning Board to the ity ommission At its meeting August 6 2012 the Planning and Zoning Boazd unanimously recommended adoption of the proposed ordinance with conditions Ordinance No74 12 Utilities ommission Revenue ertificates onduct the second reading and public hearing ofan ordinance which if adopted would approve the issuance by the Utilities ommission ofutilities System Revenue ertificates in an aggregate principal amount not exceeding19 950 000 At its regular meeting held August 15 2012 the ity ommission unanimously approved this ordinance on Tirst reading as moved by om missioner Plaskett and seconded by ommissioner Grasty K Ordinance No 75 12 Historic Westside Neiehborhood Future Land Use MaR and Text Amendments onduct a transmittal public hearing ofan ordinance which if adopted would amend the Future Land Use map of the ity s omprehensive Plan to implement land use changes based on the Historic Westside Neighborhood Plan and to update text in the Future Land Use Element related to the Historic Westside At its meeting August 6 2012 the Plan ning and Zoning Board unanimously recommended adoption ofthe proposed ordinance with conditions L Ordinance No 76 12 Historic Westside Neiehborhood Rezoning onduct the first oftwo required quasijudicial public hearings of an ordinance which if adopted would implement zoning changes based on the Historic Westside Neighborhood Plan At its meeting August 6 2012 the Planning and Zoning Board unanimously recommended adoption of the proposed ordinance with conditions M Ordinance No77 12 Amendments to Zoning Districts onduct the first of two required public heazings ofan ordinance which if adopted would amend the ity Land Development Regulations by amending the Mixed Use MU Single FamilyR3 and Two Family zoning districts to addition development standards and permitted and prohibited uses as recom mended in the Historic Westside Neighborhood Plan At its meeting August 6 2012 the Planning and Zoning Board unanimously recommended adoption ofthe proposed ordinance with conditions N Appeal of Land Development Regulations Interpretation onduct a public hearing regard ing the appeal submitted by Mark Rakowski on behalf ofthe business owner Gary Zollo of property at 539 North Dixie Freeway regarding staffs interpretation of the Land Develop ment Regulations regarding an outdoor vehicle lift VIII Public Participation In accordance with Resolu8on No 43 10 a three minute imltodonwi be imposed unless otherwise granted by the ity anunission IX Ordinances First Readine X Administrative Items New Business XI Boards and ommissions A Airport Advisory Board onsider the appointmentlreappointment of three members to terms to expire September 9 2015 The terms ofregular members Robert Abbaticchio Wil liam Feger II and Alan Norris will expire September 9 2012 Page 4 of 642
B Animal ontrol Board onsider the appointmendreappointment of two members to terms to expire September 13 2014 The terms of regular members Robert Leonard and Robert Voshell will expire September 13 2012 Golf Advisory Board onsider the appointmendreappointment of three members to terms to expire September 1 2015 The terms of regular members Leo Kernica Morley Pearce and Richard Workman will expire September I 2012 XII ity Manager s Report XIIL ity lerk sreport XIV ity Attorney s Report XV Adjournment Pursuan to FloridaSatu es 286 0150 ifan individual decides to appeal any decision made by the ity ommission with respect to any matter considered at this meeting a record of the proceedings will be required and he individual will need o ensure that a verbatim transcript of the proceedings is made which record includes the testimony and evidence upon which the appeal is based Such person muss provide a method for recording the proceedings In accordance with the Americans With Disabilifies Act persons needing assistance to participate io any of these proceedings should contact the ity lerk soffice in person or by mail at 210 Sams Avenue dew Smyrna Beaeh Florida 32168 386424 2112 prior to the Page meeting5 of 642