THE CITY OF DAYTONA BEACH

Regular Meeting - CITY COMMISSION

September 6, 2017

City Commission Chambers

6:00 PM

 

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) 671-8020Help 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.

1.ROLL CALL.
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.APPROVAL OF MINUTES.
4.A.

Approval of Minutes

 

Approval of the minutes of the August 16, 2017 Regular Meeting of the City Commission held at 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.

6.PRESENTATION.
6.A.No Presentation
 
7.CITIZENS.
7.A.

PUBLIC COMMENTS BY THE PEOPLE ADDRESSING THE CITY COMMISSION

 

During this time Citizens have the opportunity to address the City Commission on any item on the Consent Agenda.  Items or discussions not listed on the Agenda will not be heard during this comment section.

 
8.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).

8.A.City Manager's Office, Budget Office - FY 2016/17 September Budget Amendment  (pp. 26-32)

Resolution amending Resolution 16-264 (as previously amended), which adopted the FY 2016/17 budget, in order to increase revenues by $9,052,263. decrease operating expenditures by $1,053,352, and increase capital expenditures and transfers by $10,105,615.  This budget amendment recognizes anticipated federal and state revenues related to Hurricane Matthew, segregates the estimated city portion of costs related to Hurricane Matthew and disallowed reimbursements for the 2004 hurricanes, recognizes the county contribution and construction costs for the construction of the First Step Shelter, and provides funding for the replacement of the golf carts at the Municipal Golf Course.

 

Recommendation: Budget Officer recommends adoption of the Resolution. 

 
8.B.Public Works/Administrative Department - Bear Resistant Receptacles - Solid Waste Fee Schedule Amendment  (pp. 33-38)   

Resolution approving an amendment of the Solid Waste Fee Schedule pursuant Chapter 78-38 (a), Fees Imposed for Services.  The modification is intended to assist in the reduction of human-bear conflicts.  The provisions will provide the option for use of approved bear-resistant containers by City Solid Waste Customers.  The new fee is intended to incentivize the City of Daytona Beach Solid Waste Customers to voluntarily purchase Bear-Resistant toters.  Bear-Resistant toters will be available at a one-time cost of $50 per container while inventory supplies last.  Establishing a reasonable one-time fee encourages City residence to purchase bear-resistant containers at a subsidized cost compared to that of the original cost of $213 per toter. 

 

Waste Pro of Florida is the current operator of the disposal facility and will maintain the bear-resistant toters with no additional fees charged to residents to service cans. Once the supply of subsidized Bear-Resistant toters have exhausted, residents will have the opportunity to purchase additional containers as needed by the City of Daytona Beach waste provider at vendor rates upon depletion of the City’s inventory.  The City of Daytona Beach contributed $6,625 towards  the grant for the purchase of the bear-resistant trashcans along with BearWise grant funds per Resolution No. 17-37 from Florida Fish and Wildlife.  The City will purchase additional bear-resistant toters in the future with the revenue received from residential purchases of containers. 

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 
8.C.Utilities Department - Eastern Volusia Regional Water Authority FY 2017-2018 Budget Ratification  (pp. 39-72)

Resolution ratifying the Eastern Volusia Regional Water Authority FY 2017-2018 adopted budget.  Resolution 07-61 was adopted by the City Commission on February 7, 2007 which approved an Interlocal Agreement among Daytona Beach, Holly Hill and South Daytona creating the Eastern Volusia Regional Water Authority. The mission of the Eastern Volusia Regional Water Authority is to “emphasize awareness of the need to conserve and protect Water Resources.”  One of the provisions in the Interlocal Agreement requires each member’s governing body to formally ratify the Eastern Volusia Regional Water Authority fiscal year budget adopted by the Authority’s Board of Directors prior to the Authority’s budget becoming effective on October 1.  There is no funding required from member governments for the Authority's FY 2017-2018 budget.  Retained earnings from the Authority's operating fund will be used to fund the FY 2017-2018 adopted budget. 

 

Recommendation:  Business Enterprise Management Director recommends adoption of the Resolution.

 
8.D.Utilities Department - Gregori Construction, Inc. - Beach Street Backflow Preventers - Final Reconciliation Agreement  (pp. 73-82)

Resolution approving a final reconciliation agreement for the Beach Street Backflow Preventers, Contract 0316-2040 with Gregori Construction, Inc., 3950 South St., Titusville, FL 32780 with the following stipulations:

 

  • Approve March 6, 2017 as the substantial completion date for Beach Street Backflow Preventers, contract 0316-2040
  • Approve June 6, 2017 as the final completion date for Beach Street Backflow Preventers, contract 0316-2040
  • Approve $15,871.96 as full compensation for the balance of contract 0316-2040 including the final pay request and retainage
  • Approve the final adjusted contract price of $292,165.00 for Beach Street Backflow Preventers, contract 0316-2040
  • Approve a contact extension of 67 contact days due to event conflicts in Riverfront Park

 

Recommendation:  Business Enterprise Management Director recommends adoption of the Resolution.

 
8.E.

Human Resources/Risk Management Department - Property Insurance Coverage - Proposal Acceptance  (pp. 83-120)

Resolution authorizing the acceptance and payment of the property insurance proposals submitted by Brown & Brown of Florida, Inc., 220 Ridgewood Ave Daytona Beach, FL  32115 on behalf of:

 

  • Landmark American Insurance Company for buildings/structures, contents and machinery with a total insured value of $218,891,604 for all risk coverage excluding damage resulting from named storms
  • Arch Insurance Company providing $1,000,000 layer of named storm/flood coverage for the buildings/structures, contents and machinery insured under the Landmark Insurance policy
  • Preferred Governmental Insurance Trust (PGIT) for named storm/flood and other perils coverage for essential buildings/structures and their contents and machinery with a total insured value of $86,904,978. 

 

All policies are for the period of October 1, 2017 to October 1, 2018 for a total annual premium of $715,500.  Authorization is also requested to pay any additional property insurance premium due to adjustments of property values or coverage or addition of properties, up to an additional $20,000 for the period of October 1, 2017 to October 1, 2018.   Funds available in the Consolidated Insurance Fund.

 

Recommendation:  Human Resources Director recommends adoption of the Resolution. 

 
8.F.Human Resources/Risk Management Department - Daytona Beach Pier - Building Property Insurance - Proposal Acceptance  (pp. 121-141)

Resolution authorizing acceptance of the proposal submitted for the Pier/Building property insurance policy by the insurance broker, Brown & Brown of Florida, Inc., 220 S. Ridgewood Ave. Daytona Beach, FL  32117.  The insurance carrier, Axis Surplus Insurance Company, provided a quote for property insurance coverage excluding named storms, windstorms, flood, wave wash/storm surge.  Coverage for the pier/building and loss of rental income coverage under this policy is for the total insured value of $10,250,000 for the period of September 30, 2017 through September 30, 2018 and for a total renewal premium of $45,004.  Funds available in the Pier Fund. 

 

Recommendation:  Human Resources Director recommends adoption of the Resolution. 

 
8.G.Public Works, Technical Services Division - Climate Control Mechanical Services - Continuing Services Contract  (pp. 142-169)

Resolution awarding Continuing Services Contract to Climate Control Mechanical Services, 2695 NW 4th Street. Ocala, Florida 34475 in accordance with Chapter 30 of the City Code, for as-needed HVAC repairs to equipment and controls, for a one (1) year term with three (1) year renewals.  Projects will be issued by issuance of a Work Authorization. The scope of services and compensation for each project will be negotiated and mutually agreed upon prior to project issuance.  Work Authorizations will be issued when a project is awarded to the contractor.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 
8.H.Public Works, Facilities Property Maintenance Division - R/J Group, Inc - Continuing Services Contract  (pp. 170-226)

Resolution awarding a Continuing Services Contract to R/J Group, Inc., 4424 Jackson Street, Port Orange, Florida 32127, for as-needed roof repairs and maintenance, for a term of two (2) years with four (4) 1-year renewal options and authorizing the City Manager to exercise the contract renewal options.  A Request for Proposals (RFP) was issued for Continuing Services Contracts for roof repairs and maintenance, and five (5) firms responded.  The City’s Selection Committee convened on May 19, 2017 to review the Proposals received in response to the referenced RFP, and scored those proposals in accordance with the evaluation criteria published in the RFP.  Based on the Committee’s recommended short list, the City Manager selected the two firms and staff negotiated the contract.  This is a job order contract using RS Means unit pricing with no mark up.  Projects will be issued to the above listed by issuance of a Work Authorization.  The scope of services and compensation for each project will be negotiated and mutually agreed upon prior to project issuance.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.


 
8.I.Public Works, Technical Services Division - MCG Services, LLC - Bill France Boulevard Sidewalk Improvements – Construction Contract Award  (pp. 227-245)

Resolution awarding a Project Specific Construction Contract to MCG Services, LLC, 1709 Arash Circle, Port Orange, FL 32127 in the amount of $28,620 for sidewalk improvements along Bill France Boulevard between Mason Avenue and Clyde Morris Boulevard.  The work will include construction of 63 feet of new sidewalk along Bill France Boulevard providing continuity to the existing sidewalk along Mason Avenue. In addition, multiple segments of sidewalk along Bill France Boulevard are damaged and are in desperate need of repair, this contract will facilitate the restoration of this compromised infrastructure.
Funds available in the Capital Projects Fund..

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 
8.J.

Public Works Department - Premier Elevator Company - City Hall and Harbor Plaza Elevator Modernization - Construction Contract Award

(pp. 246-267)

Resolution awarding two Construction Contracts with Premier Elevator Company, 230 Andrew Drive, Stockbridge, GA 30281 for both Lot 1, the Elevator Modernization for City Hall & Lot 2, Elevator Modernization for Harbor Plaza elevators.  Each Modernization will be awarded by separate contract and separately funded in the amount of $95,209 for City Hall Elevator and $86,266 for Harbor Plaza Elevator for a total amount of $181,475.  Funds available in the Capital Projects Fund.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 
8.K.Public Works, Technical Services Division - Lassiter Transportation Group, Inc. - Change Order No.1 to Work Authorization No. 3  (pp. 268-286)

Resolution approving Change Order No. 1 to Work Authorization No. 3 in the amount of $55,679.40 under Continuing Services Contract 05141640-LT approved by resolution 16-151 with Lassiter Transportation Group, Inc., (LTG) 1450 West Granada Boulevard, Suite 2, Ormond Beach, FL 32174 for Phase I of the Americans with Disabilities Act (ADA) Transition Masterplan/Study for Sidewalk Compliance to add 287 intersections remaining that were not covered in the original contract.  Funds available in the Capital Project Fund.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution. 

 
8.L.Public Works, Technical Services Division - ALTA Planning + Design - Sweetheart Trail – Beach Street (Bellevue Avenue to Marina Point) - Continuing Services Work Authorization No. 3  (pp. 287-310)

Resolution approving Continuing Services Work Authorization No. 3 (Contract No. 0517-0470-AP) in the amount of $57,009.22 for ALTA Planning + Design, 313 Datura Street, No.100, West Palm Beach, FL 33401, to design the Sweetheart Trail – Beach Street (Bellevue Avenue to Marina Point).  The work will include designing of the segment of the Sweetheart Trail that will run along the north side of Bellevue Avenue from Donnelly Place to Beach Street, and then along the east side of Beach Street from Bellevue Avenue to Marina Point.  Grant reimbursement in the amount of $57,009.22 is available for expense reimbursement from Florida Department of Transportation (FDOT) Florida Shared-Use Nonmotorized (Sun) Trail Network Program CSFA No. 55.038 Financial Project No. 439868-1-34-01.  Funds available in the Grant Projects Fund ($56,819) and the General Fund ($190.22).

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 
8.M.Public Works, Technical Services Division - ALTA  Planning + Design - Sweetheart Trail Design – Beach Street (Marina Point to Orange Avenue) - Continuing Services Work Authorization No. 4  (pp. 311-332)

Resolution approving Continuing Services Work Authorization No. 4, (Contract No. 0517-0470-AP approved by Resolution No. 17-144) in the amount of $74,604.44 for ALTA Planning + Design, 313 Datura Street, No.100, West Palm Beach, FL 33401, to design the Sweetheart Trail – Beach Street (Marina Point to Orange Avenue.  The work will include the designing of the segment of the Sweetheart Trail that will run along the east side of Beach Street from Marina Point to Orange Avenue.  Grant reimbursement in the amount of $74,604.44 is available for expense reimbursement from Florida Department of Transportation (FDOT) Florida Shared-Use Nonmotorized (Sun) Trail Network Program CSFA No. 55.038 Financial Project No. 439869-1-34-01.  Funds available in the Grant Projects Fund.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 
8.N.

Public Works, Technical Services Division - C & L Landscape, Inc. - Beville Road Median Landscaping Project - Change Order No. 1

(pp. 333-338) 

Resolution approving Change Order No. 1 with C & L Landscape, Inc. (C&L), 1601 E. Duval St, Jacksonville, FL 32202 for a total added amount of $39,400 for the Beville Road Median Landscaping Project.  This request is needed due to the City’s operation to install the irrigation meters for the above referenced project took longer than scheduled causing a delay of 30 days to the contractor, C&L.  C&L requested that the 30 days be added to their contract and that they be compensated for this time as per the contract General Conditions 11.1.2, at a negotiated, not to exceed cost of $1,250 per day, totaling $37,500.  There was also an issue with installing one of the Medjool Palm Trees at a location where there was an overhead conflict.  There was no other location to install the Medjool, however it was determined that two (2) additional Crape Myrtles could be installed at this location instead at the bid unit price of $950.00 EA, totaling $1,900.00, and the Medjool Palm could be relocated to another City location off-site.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 
8.O.

Utilities Department - TSC-Jacobs North on behalf of Gardner Denver NASH, LLC  - Sole Source Purchase  (pp. 339-355)

 

Resolution approving a purchase from TSC-Jacobs North on behalf of Gardner Denver NASH, LLC, P.O. Box 952453, St. Louis, MO 63195 in the amount of $356,321.  The Bethune Point Wastewater Treatment Plant utilizes a 5-stage Bardenpho treatment system to remove nitrogen and phosphate.  Stages 3 and 5 injects air into the treatment process by rotating two of the three blowers to assist in the removal of the two primary nutrients as stated above.  All of the blowers were purchased in 1986, have exceeded their life expectancy and could fail at any time.  If two blowers were to fail, the wastewater cannot be treated to permit standards and must be discharged to the Halifax River.  This violation of the plant’s operating permit could subject the City to a fine of up to $10,000 a day.  Funds available in the 5% Renewal & Replacement fund.

 

Recommendation:  Business Enterprise Management Director recommends adoption of the Resolution. 

 
8.P.

Business Enterprise Management Department - E-Z-Go Division of Textron, Inc - Golf Cart Purchase  (pp. 356-403)

Resolution authorizing the purchase of one hundred twenty five (125) golf carts piggybacking from a City of Bartow contract valued at $326,225 and authorizing the purchase of additional accessories using a quantity discount from the National Intergovernmental Purchasing Alliance (IPA) Contract R161101 valued at $26,125, totaling $352,350 from E-Z-Go Division of Textron, Inc., 1451 Marvin Griffin Road, Augusta, GA  30906-3852.  The current fleet of golf carts are more than five years old and are becoming very undependable with excessive breakdowns.  This unreliability reflects negatively on the City during recreational play but more so when tournaments are being sponsored at the golf course.  Funds available in the Municipal Golf Course Fund.  

 

Recommendation:  Business Enterprise Management Director recommends adoption of the Resolution.

 
8.Q.Business Enterprise Management Department - Alan Jay Fleet Sales - Police Vehicles Purchase  (pp. 404-409)

Resolution approving the purchase of seven (7) replacement police vehicles off the National Joint Powers Alliance Contract 2017-120716-NAF with options from Alan Jay Fleet Sales, P.O. Box 9200, Sebring, FL  33871-9200 in the amount of $276,547.11.  The purchase is needed to replace police vehicles taken out of service due to damage suffered in traffic accidents caused by other drivers and provide spare police vehicles.  Funds available in the General Fund.

 

Recommendation:  Business Enterprise Management Director recommends adoption of the Resolution.

 
8.R.

Finance Department - Allocation of Bike Week Sponsorship Funds

(pp. 410-412)

Resolution authorizing payment from the General Fund in the amount of:

 

$500 to Cultural Services for Light Up Midtown, $500 to Peabody Auditorium Foundation, Inc., for a general donation and $500 to Daytona Beach Symphony Society for a general donation from the Bike Week Sponsorship Funds of Commissioner Kelly White.

 

$75 to Mainland High School Volleyball Team for a general donation and $200 to St. James Missionary Baptist Church for their Backpack Give-A-Way from the Bike Week Sponsorship Funds of Commissioner Dannette Henry.

 

$500 to Alpha Phi Alpha Fraternity, Beta Delta Lambda Chapter State Conference dinner program on September 15, 2017 (Partners Sponsorship) from the Bike Week Sponsorship Funds of Commissioner Paula Reed.

 

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

 
9.PUBLIC HEARINGS.
9.A.

Development and Administrative Services, Planning Division - Land Development Code Text Amendment - Amend Article 5, 6, and 11

(pp. 413-427)

Ordinance on first reading - PUBLIC HEARING - amending Article 5 (Table 5.2.A.2, Table 5.2.A.3, and Table 5.2.A.4) to prohibit marijuana dispensaries, Article 6 (Table 6.2.C.1) to remove off-street parking space requirements, and Article 11 to add a definition for Marijuana Dispensary to establish a City wide ban on marijuana dispensaries. Applicant: Development and Administrative Services Department, Planning Division.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommended approval 6-to-0.

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Second Public Hearing, September 20, 2017.

  

 
9.B.

Development and Administrative Services, Planning Division - Minto Tomoka-Parcel B - First Amendment to Planned District Agreement

(pp. 428-455)

Ordinance on second reading - PUBLIC HEARING - amending the Minto Tomoka-Parcel B Planned District Agreement, to allow for minimum specialty setback requirements for air conditioning units, heating units, and pool pumps, and authorizing the Mayor to execute the First Amendment to Minto Tomoka-Parcel B Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Minto Communities, LLC.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 6-to-0.

Action:  Motion to adopt the Ordinance.

 
9.C.

Development and Administrative Services, Redevelopment Division - Ocean Center Electronic Message Center Sign - Public Use Permit

(pp. 456-484)

Resolution - PUBLIC HEARING - approving a Public Use Permit for an Electronic Message center (EMC) sign to be located at the Ocean Center, 101 N. Atlantic Avenue and waiving certain provisions of Article 6.10.J.6, LDC relating to electronic message center sign criteria.

 

Reed Berger, Redevelopment Director, to report. 

 

Recommendation:  Planning Board recommends approval 6-to-0.

Action:  Motion to adopt the Resolution.

 
9.D.Budget Department - FY 2017/18 Property Taxes and Budget - City of Daytona (pp.  485-500)

1. PUBLIC HEARING - Members of the general public may speak on the proposed millage rate and the FY 2017-2018 budget.

 

2. Resolution of the City of Daytona Beach adopting an ad valorum property tax tentative millage rate of 6.3333 ($6.3333 per $1,000 of assessed taxable value). This is a 4.04% reduction from the rate utilized in the Notice of Proposed Property Taxes and a 3.00% tax increase from the rolled back rate of 6.1488; and a voted debt service tentative millage rate of 0.3389 ($0.3389 per $1,000 of assessed taxable value) which is a 9.12% reduction from the current tax rate.

 

3. Resolution adopting the tentative Budget for the fiscal year October 1, 2017, to September 30, 2018; prescribing estimated Revenue Sources of $ 227,189,319, and setting forth Operating Expenditures, Capital Expenditures, and Transfers of $ 227,189,319.

 

Fred Coulter, Budget Officer, to report.

 

Recommendation:  City Manager recommends adoption of the Resolutions.

Action:  Motion to adopt the Resolutions and set the second Public Hearing as September 20, 2017.

 
9.E.Budget Office - FY 2017/18 Property Taxes and Budget - Downtown Development Authority (DDA)  (pp. 501-511)

1. Presentation by Jason Jefferies, Redevelopment Project Manager.  Discussion on the proposed millage rate of 1.0000 and proposed budget.

 

2. PUBLIC HEARING - Members of the general public may speak and ask questions on the proposed millage rate and the FY 2017/18 budget.

 

3. Resolution of the Daytona Beach Downtown Development Authority adopting an ad valorum property tax tentative millage rate of 1.0000 ($1.0000 per $1,000 of assessed taxable value). This is the rate utilized in the Notice of Proposed Property Taxes and is a 9.29% tax increase from the rolled back rate of 0.9150.

 

4. Resolution adopting the tentative Budget for the fiscal year October 1, 2017, to September 30, 2018; prescribing estimated Revenue Sources of $246,599 and setting forth Operating Expenditures, Capital Expenditures, and Transfers of

$ 246,599.

 

Jason Jeffries, Redevelopment Project Manager, to report. 

 

Recommendation:  Authority Chairman recommends action.

Action:  Motion to adopt the Resolutions. 

 
10.ADMINISTRATIVE ITEMS.
10.A.Development and Administrative Services, Planning Division - City Property - Annexation  (pp. 512-514)

Ordinance on first reading - approving a voluntary annexation of 626± acres of land, not contiguous to the municipal boundary, located south of International Speedway Boulevard and northwest of Interstate 4, pursuant to Chapter 171, Florida Statutes. The property is owned by the City of Daytona Beach and has been designated as a municipal service area pursuant to the Interlocal Service Boundary Agreement (ISBA) between the City and the County. The ISBA serves as the joint planning agreement and the City has adopted comprehensive plan amendments related to the area. Applicant:  Development and Administrative Services, Planning Division on behalf of The Ciy of Daytona Beach.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Director recommends approval.

Action:  Motion to adopt Ordinance on first reading.

    Note:  If passed, Public Hearing, September 20, 2017.

 
10.B.

Development and Administrative Services, Planning Division - Eagle Marsh/Gray Hawk - Second Amendment to Renar Golf Communities at LPGA International Planned District Agreement  (pp. 515-539) 

Ordinance on first reading - amending the Renar Golf Communities at LPGA International Planned District Agreement to add the maximum lot coverage of 47 percent for lots located in Eagle Marsh and Gray Hawk, Unit 2 Subdivisions, and authorizing the Mayor to execute the Second Amendment to Renar Golf Communities at LPGA International Planned District Agreement.  Applicant: Jim Butler, with Eagle Marsh Homes on behalf of Renar Golf Communities at LPGA International Homeowners' Association, Inc.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 6-to-0.

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, September 20, 2017

 
10.C.

Development and Administrative Services, Planning Division - Land Development Code Text Amendment - Amend Article 3 and 4

(pp. 540-551)

Ordinance on first reading - amending Article 3.4.K.2.c. (Subdivision Plat), and Article 4.2.B.3. (Single-Family Residential-5 (SFR-5) to clarify required minimum lot sizes in the SFR-5 (single-family) zoning districts  related to the subdivision of property on existing lots of record. Applicant: Development and Administrative Services Department, Planning Division.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommended approval 6-to-0.

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, September 20, 2017.

 
10.D.

Development and Administrative Services, Planning Division - River Pointe  - Rezoning, Planned Development-General  (pp. 552-591)

Ordinance on first reading - approving a request to rezone 4.7± acres of land located north of Silver Beach Avenue on S. Peninsula Drive from Multifamily Residential 20 (MFR-20) to Planned Development-General (PD-G), to allow the construction of a 28-unit condominium development and associated site improvements, and authorizing the Mayor to execute the River Pointe Planned District Agreement.  Applicant:  Glenn D. Storch, Storch Law Firm, on behalf of Emerald Financial, Inc.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 6-to-0.

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, September 20, 2017.

 
10.E.

Development and Administrative Services, Planning Division - Daytona Beach Kennel Club - Fifth Amendment to Planned District Agreement

(pp. 592-641) 

Ordinance on first reading - amending the Daytona Beach Kennel Club Mason Planned District Agreement, located at 960 S. Williamson Boulevard, to allow for an increase in the frequency of change of sign copy from 60 seconds to 10 seconds, and authorizing the Mayor to execute the Fifth Amendment to the Daytona Beach Kennel Club Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Daytona Beach Kennel Club, Inc.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 6-to-0.

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, September 20, 2017.

 
10.F.Development and Administrative Services, Planning Division - Daytona Mitsubishi - Rezoning, Planned Development-General  (pp. 642-720)

Ordinance on first reading - approving a request to rezone 4.3± acres of land located at 900 N. Nova Road from Residential/Professional (RP) and Business Automotive (BA) to Planned Development-General (PD-G), to allow for an automotive dealership, and authorizing the Mayor to execute the Daytona Mitsubishi Planned District Agreement.  Applicant: Mark Dowst, Mark Dowst & Associates, Inc., on behalf of Richard Nisbett, Triple Diamond Real Estate, LLC.

 

Richard Walton, Planning Director, to report.

 

Recommendation: Planning Board recommends approval 6-to-0.

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, September 20, 2017.

 
10.G.City Manager's Office - 2017-2018 State and Federal Legislative Priorities  (pp. 721-726)

Resolution adopting the list of state and federal legislative priorities for 2017-2018.  This list is based on City Commissioner's concerns and issues discussed during City budget planning sessions. 

 

Hardy Smith, Government Relations Administrator, to report.

 

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.

 
10.H.Deputy City Manager/Administrative Services - Facility Use Agreement - Food Truck Crazy, Inc - Approval  (pp.  727-739)

Resolution approving a Facility Use Agreement with Food Truck Crazy, Inc., 960 Summer Lakes Drive, Orlando, FL 32835, for use of Main Street between A1A and Peninsula Drive, Wild Olive from Auditorium Boulevard to Main Street and 601 Main Street, to conduct Food Truck Wars, a food truck event featuring a variety of food trucks, a children's play area, live entertainment, and alcoholic and non-alcoholic beverage sales on Saturday, September 30, 2017 from 12 noon to 10:00 p.m.  The City will also allow Main Street businesses to hold Temporary Promotional Activities provided they meet applicable Land Development Code regulations. 

 

Food Truck Crazy, Inc., has agreed to provide liability insurance listing the City as additionally insured.  As part of City sponsorship of the event, staff is requesting that the City Commission approve waiving TPA fees for the Main Street Businesses and for City service fees including clean-up, public safety, portable bathrooms, traffic management, and advertising to be paid for by the City as part of the agreement at a total of $8,524.46. 

 

James Morris, Deputy City Manager, to report.

 

Recommendation:  Deputy City Manager/Administrative Services

recommends adoption of the Resolution.

Action:  Motion to adopt the Resolution. 

 
10.I.City Manager's Office - First Step Shelter Report (pp. 740-748)
First Step Shelter Progress Report, James Morris, Deputy City Manager, Administrative Services, to report. 
 
10.J.

Public Works/Technical Services Division - Hall and Ogle Architects, Inc - First Step Shelter - Design Services - Work Authorization No. 7

(pp. 749-774)

Resolution approving Work Authorization No. 7 under the existing Professional Services Contract No. 2005-50 with Hall & Ogle Architects, Inc., 208 Magnolia Ave., Daytona Beach, FL 32114, in the amount of $181,743, for design services required to design and permit the construction plans, and provide technical review assistance for construction of the First Step Homeless Assistance Shelter. 

 

The need for the Shelter project has been supported and substantiated by the assessment of available services, by volunteer advisory committee and community input including local representatives from homeless services providers, City staff, and experts in the field of homeless studies.  Funds available in the General Fund.

 

David Waller, Deputy Public Works Director, to report.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

Action:  Motion to adopt the Resolution.

 
10.K.City Manager's Office - Midtown Redevelopment Board - Appointment  (pp. 775-780)

Resolution appointing one (1) member to the Midtown Redevelopment Board.  The board shall consist of seven (7) members appointed by the City Commission and one (1) Planning Board member who shall serve as an ex officio nonvoting member.  Members shall reside or have their principal place of business in the Midtown Redevelopment Area (MRA).  A majority of the board members shall be residents of the City.  Mr. Alphonza Bush, Jr., a resident of the Midtown area has submitted an application.

 

Betty Goodman, Assistant City Manager, to report.

 

Recommendations:  Commission Action.

Action:  Motion to adopt the Resolution.

 
11.DISCUSSION.
11.A.City Attorney Office - Foreclosure Case - City of Daytona Beach v. Drymonis Georgas, LLC  (pp. 781-785)

Discussion related to code enforcement lien foreclosure case: City Of Daytona Beach v. Drymonis Georgas, LLC., Case No.: 2017-31370-CICI.  Pursuant to Resolution No. 17-246, the City Commission removed the jurisdiction of the Code Enforcement Board and Special Magistrate on code enforcement cases related to foreclosure actions filed by the City.  The Defendant has requested that the City Commission conduct a lien review and discuss resolution of this foreclosure case.

 

Robert Jagger, City Attorney to lead discussion.

 
12.PUBLIC COMMENTS - DURING THIS TIME CITIZENS HAVE THE OPPORTUNITY TO ADDRESS THE CITY COMMISSION ON ANY MATTER THAT IS NOT ON THE AGENDA.
13.COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT.
14.ADJOURNMENT.