THE CITY OF DAYTONA BEACH REGULAR MEETING CITY COMMISSION DECEMBER 7, 2011 CITY COMMISSION CHAMBERS 6:00 P.M. AGENDA Website Address www.codb.us (City Clerk) NOTICE- If any person decides to appeal any decision of the City Commission at this meeting, he will need a record of the proceedings and, for that purpose, he 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. The City does not prepare or provide such a record. For special accommodations, please notify the City Clerk s Office at least 72 hours in advance. (386) 671-8020 Help for the hearing impaired is available through the Assistive Listening System. Receivers can be obtained from the City Clerk s Office.
In accordance with the Americans with Disabilities Act (ADA), persons needing a special accommodation to participate in the Commission proceedings should contact the City Clerk s Office not later than three days prior to the proceedings. PUBLIC PARTICIPATION. 5:30 P.M. - PUBLIC PARTICIPATION - Public participation for items not on the agenda can be presented to the Mayor or his designee and other City Commissioners attending, along with City staff representatives at 5:30 p.m. prior to the regular meeting of the City Commission which begins at 6:00 p.m. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. APPROVAL OF MINUTES. 4A. Approval of Minutes Approval of the minutes of the November 2, 2011 Regular City Commission Meeting and the November 16, 2011 Regular City Commission Meeting held at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. 5. AGENDA APPROVAL. THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELF- EXPLANATORY AND ARE NOT EXPECTED TO REQUIRE REVIEW OR DISCUSSION. ITEMS WILL BE ENACTED BY ONE MOTION. IF DISCUSSION IS DESIRED BY ANY MEMBER OF THE COMMISSION, THAT ITEM MUST BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. (CITIZENS WITH CONCERNS SHOULD ADDRESS THOSE CONCERNS TO A MEMBER OF THE CITY COMMISSION OR STAFF). 6. PUBLIC COMMENT BY PEOPLE ADDRESSSING THE CITY COMMISSION FOR ITEMS ON THE AGENDA. 7. CONSENT AGENDA. PLEASE NOTE: ITEMS PULLED FROM THE CONSENT AGENDA MAY BE REMOVED FROM CONSIDERATION BY THE CITY COMMISSION AND CONTINUED FOR TWO (2) WEEKS UNTIL THE NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING. (ONLY MEMBERS OF THE CITY COMMISSION MAY REMOVE ITEMS FROM THE
AGENDA). 7A. Settlement of Claim - Mallori Moss (pp. 13-16) Resolution authorizing payment to Mallori Moss and her attorney, in the total amount of $15,000, for release of all claims against the City for injuries in connection with a collision with a City vehicle on October 13, 2010. Recommendation: City Attorney recommends adoption of the Resolution. 7B. Florida Power and Light Utility Easement (pp. 17-21) Resolution granting a utility easement to Florida Power and Light, to provide the required electric service to the Midtown Cultural and Educational Center to meet the planned opening date of the facility. There are no City funds involved with this easement. Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution. 7C. Armory Board of the Florida Department of Military Affairs - Lease Agreement - Amendment (pp. 22-25) Resolution amending Resolution 11-238, that accepted the lease agreement between The City of Daytona Beach and the Armory Board of the Florida Department of Military Affairs (ABFDMA), P. O. Box 1008, St. Augustine, FL 32085, for use of City property located at 405 S. Beach Street at the Halifax Harbor Marina, correcting the commencement date from January 1 2012, to January 1, 2014. Recommendation: Support Services recommends adoption of the Resolution. 7D. GPS Monitoring Units - ISECUREtrac Corporation - Agreement Approval (pp. 26-53) Resolution approving a Customer Agreement with ISECUREtrac Corporation, 5078 South 111th Street, Omaha, NE 68137, to extend existing agreement for Resolution 10-317 and enter into a new Customer Agreement until all grant funds are expended for Global Positioning Satellite Electronic Monitoring Services, in an amount not to exceed $58,202.90, under GSA/Federal Supply Service Contract GS07F6020R. Funds available in the General Fund. Recommendation: Chief of Police recommends adoption of the Resolution.
7E. A+ Home Aid - Lease Agreement (pp. 54-80) Resolution accepting the lease agreement between The City of Daytona Beach (Landlord) and A+ Home Aid (Tenant), 125 Basin St. at the Halifax Harbor Plaza, allowing the tenant to move from suite 110 consisting of 1,672 sq. ft. to suite 200 consisting of 832 sq. ft., thereby reducing monthly rent payments to $970.66 beginning November 1, 2011 through February 28, 2014. All other conditions of the lease agreement are to remain the same as the current lease. Recommendation: Support Services Director recommends adoption of the Resolution. 7F. Lando Resorts Corporation - Lease Agreement (pp. 81-105) Resolution approving the commercial lease agreement between The City of Daytona Beach (Landlord) and Lando Resorts, Corporation (Tenant), 125 Basin Street, Suite 205, Daytona Beach, FL 32119, to lease approximately 8,892 square feet of space at the Halifax Harbor Plaza. B, for a three-year (3) term with option to renew Lease for one additional three-year (3) term, for a base rent of $115,596, payable in 12 monthly installments beginning December 1, 2011; subject to adjustments such as common area maintenance (CAM), sales tax and annual rent increases as outlined in Lease agreement. Recommendation: Support Services Director recommends adoption of the Resolution. 7G. Permit and Licensing - Continuing Service Agreements - Work Authorization No. 1 - Approval (pp. 106-134) Resolution approving a continuing service contract agreements with Universal Engineering Sciences, Inc., 911 Beville Road, No. 3, South Daytona, Florida 32119, and CPH Engineers, Inc., 101 N. Woodland Boulevard, Suite 305, Deland, FL 32720, to provide Permit and Licensing assistance services as needed per the scope of services and compensation mutually agreed upon for a period beginning December 8, 2011 through December 7, 2014; and authorizing Work Authorization No. 1, with Universal Engineering Sciences, in an amount not to exceed $27,000, for plan review, inspection services and building official services on an as needed basis. Funds available in the Permit and Licensing Special Revenue Fund. Recommendation: Deputy City Manager/Administrative Services recommends adoption of the Resolution. 7H. Milling and Resurfacing - P&S Paving - Change Order No. 3 - Contract No. 2010-004 - Militello Contracting Corporation - Derbyshire Concrete Work Contract
Approval (pp. 135-203) Resolution approving Change Order No. 3, in the amount of $356,930, with P&S Paving, Inc., 3701 Olsen Drive, Daytona Beach, FL 32124 for the continuation of the Roadway Improvement Program (Change Order No. 3 adjust the contract amount from $4,316,497.45 to $4,673,427.45); and approving an agreement with Militello Contracting Corporation, 1147 Champions Drive, Daytona Beach, FL 32114, in an amount not to exceed $192,075, for the construction of curbing along Derbyshire Road from Mason Avenue to the North City limits. Funds available in the Street Resurfacing Fund. Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution. 7I. Embry-Riddle Aeronautical University Research Park - Preliminary Plat (pp. 204-222) Resolution approving the Preliminary Plat for 77.57± acres of land located on the east side of South Clyde Morris Boulevard, north of Beville Road and south of Bellevue Avenue for Embry-Riddle Aeronautical University Research Park. There is no City funding associated with this project. Applicant: Christopher Challis, Esq., Cobb Cole on behalf of Chris Hardesty, Embry-Riddle Aeronautical University (ERAU). Ron McLemore, Deputy City Manager/Operations to report. Recommendation: Planning recommends approval 10-to-0. Action: Motion to adopt the Resolution. 7J. Allocation of Bike Week Sponsorship Funds **Addendum added 12-05-11** Resolution authorizing payment in the amount of: $250 to the Citizen's Coalition to Improve Race Relations in the Greater Daytona Beach Area, from the Bike Week Sponsorship Fund of Mayor Glenn Ritchey. Funds available in the General Fund. 8. PUBLIC HEARINGS. Recommendation: Chief Financial Officer recommends adoption of the Resolution. 8A. Sexual Offender Residence Ordinance - Amendment (pp. 223-240)
Ordinance on second reading - PUBLIC HEARING - amending Section 62-201 City Code, as adopted by Ordinance No. 11-222, relating to the place of residence of sexual offenders within the City; extending residence prohibitions to persons convicted of similar crimes in jurisdictions other than Florida; clarifying that the prohibitions apply to persons required by State law to register as sexual offenders or predators; adopting State law definitions of "Child Care Facility", "Park", "Playground", and "School". Michael Chitwood, Chief of Police, to report. Recommendation: Chief of Police recommends adoption of the Ordinance Action: Motion to adopt the Ordinance. 8B. Temporary Moratorium - Internet Cafés (pp. 241-254) Ordinance on second reading - PUBLIC HEARING - establishing a 180-day temporary moratorium on the establishment of and issuance of permits for certain uses commonly known as Internet Cafés or Sweepstakes Redemption Centers. The use is not specifically provided for in the Land Development Code. The City currently treats such uses as Games of Skill (the most similar use which is specifically addressed in the LDC). The moratorium will allow time to consider whether the use should be specifically added to the LDC, and, if so, the appropriate zoning regulations to apply. Applicant: Development and Administrative Services Department, Planning Division. (Continued from the November 16, 2011 Regular City Commission Meeting) Recommendation: Planning Board recommends approval 10-to-1. Action: Motion to adopt the Ordinance. 8C. Special Use Permit - Cape Morris Cove Townhomes (pp. 255-287) Resolution PUBLIC HEARING - approving a modification to a previously approved Special Use Permit to construct a 20-unit townhouse subdivision on 2.07± acres of property located at the southeast intersection of Big Tree Road and Old Kings Road. Applicant: Bobby Ball, P.E., Zev Cohen & Associates, on behalf of Mark Gauthier, Cape Morris Cove Partners, LLC. Recommendation: Planning Board recommends approval 10-to-0 w/conditions. Action: Motion to adopt the Resolution.
8D. Comprehensive Sign Plan Modification - Halifax Hospital Medical Center (pp. 288-337) Resolution PUBLIC HEARING - modifying the approved Comprehensive Sign Plan (CSP) for HHMC, located at 303 North Clyde Morris Boulevard. The proposed modification will allow for the replacement of the existing site entry identification pole sign with an electronic message center (EMC) sign. Applicant: Robert A. Merrell, III, Esquire, Cobb Cole. Recommendation: Planning Board recommends approval 7-to-3 w/conditions. Action: Motion to adopt the Resolution. 9. ADMINISTRATIVE ITEMS. 9A. Budget Amendment (pp. 338-346) Ordinance on first reading - amending Ordinance No. 10-252, which adopted the 2010-2011 budget, in order to increase revenues by $36,466,845; and increase expenditures by $35,925,000 and increase transfers and capital expenditures by $541,845 for the year end close out of FY 2010/2011. Laurie Matta, Chief Financial Officer, to report. Recommendation: Chief Financial Officer recommends passing the Ordinance on first reading. 9B. Public Solicitation in the Downtown Shopping District (Beach Street) (pp. 347-352) Ordinance on first reading - amending Section 66-1 City Code, as adopted in the Code of Ordinances, relating to restrictions on public solicitation for money on public property. The proposed amendment will extend the restrictions to solicitation for immediate delivery of food, and will prohibit the solicitation of money or food at anytime while on the street or public sidewalk in the Downtown Shopping District. The Downtown Shopping District includes the blocks along Beach Street, from Orange Avenue to the Post Office; from Beach Street to Palmetto Avenue. This area of Downtown has a concentration of retail stores and restaurants that are heavily pedestrian oriented. Many of the restaurants have sidewalk cafes in this area and more restaurants and sidewalk cafes are planned for this area. Reed Berger, Redevelopment Director, to report.
Recommendation: Redevelopment Director recommends passing the Ordinance on first reading. 9C. Crane Performance Products LLC - Ad Valorem Tax Exemption - Business Address Amendment (pp. 353-380) Ordinance on first reading - amending Ordinance 10-102 that approved an exemption of ad valorem tax for Crane Performance Products, LLC in order to change the business address to which the exemption would apply. Ordinance 10-102 recommended Crane Performance Products, LLC to the state as a Qualified Brownfield Business pursuant to 288.106 and 288.107 F.S., and approved an exemption of ad valorem tax over a seven year period beginning January 1, 2010 to provide funding for the 20 percent local match amount required by the state for Crane to participate in the Florida Brownfield Refund Bonus Redevelopment state incentive program. Crane s new location is in the AERO Park Brownfield in accordance with Resolution 10-328 stating the City s intent to grant Crane the exemption if its new business location was within the state designated Brownfield. The current ad valorem tax exemption schedule would continue and recognize that the first year of the exemption had been completed as follows: years 1-3 at 100%, years 4-5 at 75%, and years 6-7 at 50%. The Economic Development Advisory Board unanimously recommended approval of the amendment at its November 16, 2011 meeting to use the tax schedule above to provide funding in the form of an exemption ad valorem tax for the local match amount required by the state. Emory Counts, Economic & Community Development Director, to report. Recommendation: Economic & Community Development Director recommends passing the Ordinance on first reading. 9D. Land Development Code Text Amendment - Comprehensive Sign Plans for Colleges & Universities (pp. 381-403) Ordinance on first reading amending the Land Development Code (LDC), Article 18 (Appearance Standards), Sections 6.11 (Signs/District sign schedules) and 6.21 (Signs/Variances and modifications) to allow comprehensive sign plans for colleges and universities. Applicant: Robert A. Merrell, III, Esq., of Cobb Cole, on behalf of Embry-Riddle Aeronautical University (ERAU) and Bethune-Cookman University (BCU).
Recommendation: Planning Board recommends approval 9-to-1. 9E. Rezoning - Planned Commercial Development - Daytona Beverage PCD Amendment (pp. 404-442) Ordinance on first reading rezoning 9.78± acres of land located at 2275 Mason Avenue, Daytona Beach, amending the existing Planned Commercial Development (PCD), expanding the building square footage and modifying the timetable for development. Applicant: Mark S. Dowst, P.E., on behalf of Kevin Bowler, Managing Member, Daytona Beverage LLC. Recommendation: Planning Board recommends approval 10-to-0. 9F. Exemption of Ad Valorem Tax - Daytona Beverages, LLC (pp. 443-454) Ordinance on first reading - authorizing an exemption of ad valorem tax, for an estimated amount of $126,278, for Daytona Beverages, LLC, to facilitate a $2,000,000, thirty thousand square foot business facility expansion and the addition of 40 new jobs at an average annual wage of $39,333. The economic impact of the company payroll over the seven-year period of the exemption is estimated to be $44,367,624 using a factor of 1.2 times the cumulative payroll. Daytona Beverages is a distribution business employing 87 employees located at 2275 Mason Avenue within a Brownfield Area designated by the City and State for economic development. Resolution No. 02-271 adopted the criteria for the City to determine if a business is eligible to receive an exemption ad valorem tax and Daytona Beverages, LLC by virtue of its expansion and performance plan meets these criteria. On November 16, 2011, the Economic Development Advisory Board (EDAB) unanimously recommended approval of this exemption. Emory Counts, Economic & Community Development Director, to report. Recommendation: Economic & Community Development Director recommends passing the Ordinance on first reading. 9G. Rezoning - Planned Commercial Development - Daytona Beach Seventh Day Adventist Church (pp. 455-500)
Ordinance on first reading rezoning 10.22± acres of land located at 401 North Williamson Boulevard, from RP Residential Professional to PCD (Planned Commercial Development), to allow temporary overnight parking of recreational vehicles. Per the City s Land Development Code (LDC), Article 3, Section 1.3, a super-majority vote of the City Commission is required to approve this action, due to the Planning Board s recommendation of denial. Applicant: Christopher Challis, Esq., Cobb Cole, on behalf of Katherine Fairchild, Florida Conference Association of Seventh Day Adventist Church. Recommendation: Planning Board recommends denial 2-to-8. Requires a Super Majority vote of the City Commission for approval. 10. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT. 11. ADJOURNMENT.