Items 1 - 3

1. ROLL CALL.

2. INVOCATION.

3. PLEDGE OF ALLEGIANCE TO THE FLAG.

Item 4

APPROVAL OF MINUTES.

4.A. Approval of Minutes
Approval of the minutes of the August 31, 2016 Budget Workshop

Item 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.

Item 6A

BEAUTIFICATION AWARDS - OCTOBER 2016 (pp. 15-17)

Residential Award:
Vernon and Sheron Weatherholtz, 3 Granville Circle, Commissioner Ruth
Trager, Zone 1, to present.

Commercial Award:
Integra Shores Luxury Apartments, 100 Integra Shores Drive, Mayor Derrick
L. Henry to present.

Item 6B

Presentation by Florida Department of Transportation (FDOT) -
Volusia Transit Connector Study (VTCS) (pp. 18-19)

Joe Bitar, FDOT Project Manager for the VTCS and Alan Danaher,
Consultant Project Manager, WSP/Parsons Brinckerhoff to present.

Item 7

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 or any other Agenda item
that is not under Public Hearings. Items or discussions not listed on the
Agenda will not be heard during this comment section.

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. Public Works Department - Daytona Beach Bandshell Rehabilitation Phase II
- Grant Submittal and Acceptance (pp. 21-49)

8A. Resolution authorizing the submittal and acceptance of grant funds from the
Florida Department of State, Bureau of Historical Resources, in the amount
of $500,000; and authorizing the City Manger or his designee to execute any
and all documents necessary in furtherance of the grant application and
acceptance of the grant funds (SC715) from the State of Florida, Department
of State for the City's cash match of $250,000 (the city is required to have a
cash match per the grant agreement which will be furnished by the Main
Street Community Redevelopment Agency) making the total amount
$750,000. In addition, authorizing the City Manager and City Clerk toexecute the restrictive covenant.
Recommendation: Deputy Public Works Directors recommends
adoption of the Resolution.

8.B. Utilities Department - Consolidated-Tomoka Land Company, Indigo
Development, LLC (CTLC) - Temporary License Agreement - Second
Amendment (pp. 50-62)
Resolution approving the Second Amendment to the Temporary License
Agreement between Consolidated-Tomoka Land Company, Indigo
Development, LLC (CTLC), 1530 Cornerstone Boulevard, Daytona Beach,
FL 32117 and the City of Daytona Beach. This amendment will allow
access to property owned by CTLC in the vicinity of Indian Lake Road and
Fire Tower Road in order to assess and repair equipment, as needed, that
was placed into service in April of 2011. The previous agreement, adopted
under Resolution 11-70, expired on March 15, 2016. CTLC has agreed to
extend the agreement for an additional one year period until March 15,
2017. There is no City funding associated with this request.
Recommendation: Director of Utilities recommends adoption of the
Resolution.

8.C. Utilities Department - Reuse Ground Storage Tank and Pump
Station Project - St. John's River Water Management District Cost Share
Agreement (pp. 63-86)
Resolution approving a St. John’s River Water Management District
(SJRWMD) Cost Share Agreement for the 2.5 Million Gallon Reuse Ground
Storage Tank and Pump Station Project with the following stipulations:
Approve the Cost Share Agreement in the amount of $1,468,500 and
authorization for the City Manager to sign the agreement.
Amend the Utilities Department 2016-2017 fscal year budget to record
the revenue from St. John’s River Water Management District.
Approve Work Authorizations 76 and 76A under Planning Solutions
Corporation’s professional services contract (approved by Resolution
No. 15-205 on August 19, 2015) for a combined amount of $100,000.
Planning Solutions Corporation submitted an application on behalf of the
City to SJRWMD for the 2016-2017 cost-share funding program for
the City's 2.5 Million Gallon Reuse Ground Storage Tank and Pump Station Project. On June 14, 2016, the District's Governing Board approved funding
for this project. The District’s cost-share funding program is designed to
help fund construction cost for water supply projects. There are no matching
funds required for this cost-share agreement. Funds are available in the
Renewal and Replacement 5% Fund for Work Authorizations 76 and 76A.
Recommendation: Director of Utilities recommends adoption of the
Resolution.

8.D. Cultural Services and Community Events Department - Daytona Soccer
Academy, Inc. - Facility Use Agreement (pp. 87-96)
Resolution approving a Facility Use Agreement with Daytona Soccer
Academy, Inc., a Florida Non-Proft Corporation for use of the Bethune
Point Athletic Field No.2 outfeld and the adjacent Concession Stand. The
initial term of this Agreement will begin from the effective date and will end
on December 31, 2017. The City will have the option to renew this
Agreement for additional terms of one year each.
Recommendation: Cultural Services and Community Events Director
recommends adoption of the Resolution.

8.E. Finance Department - SunTrust Loan Agreement - Allonge (pp. 97-101)
Resolution authorizing an Allonge to the Capital Improvement Revenue
Note, Series 2010 (commonly known as the 2010 SunTrust bank loan) with
SunTrust Bank, 200 S. Orange Ave, MC Orld-FL-2064 Orlando, FL 32801,
in order to reduce the interest rate from 3.38% to 2.40% for an estimated
savings of $271,148 in interest expenses for the remaining life of the loan.
On June 2, 2010 the City Commission adopted Resolution 10-
140 authorizing a loan from SunTrust Bank. Under the original terms, the
loan agreement had specifc prepayment clauses which include a prepayment
fee. Interest rates have decreased substantially and SunTrust Bank has
voluntarily agreed to reduce the bank loan’s interest rate without incurring
an additional fee. All terms of the original loan agreement will stay as-is
including the principal amortization. The current outstanding principal
balance is $6,501,649 and the fnal payment will remain scheduled for
FY2025. The interest rate reduction will be documented through an Allonge
to the Original Promissory Note. For FY2017, the budgeted principal will
not change and the interest portion will be reduced. The City will be
responsible for closing costs estimated at $19,000. Funds are available in
the Transportation 5-Cent Gas Tax Fund, Recreation/Parks/Cultural Impact
Fee Fund and Midtown CRA Fund. Recommendation: Chief Financial Offcer recommends adoption of the
Resolution.

Item 9A

Development and Administrative Services, Planning Division - Lake Mason
Retreat - Rezoning, Planned Development-General (pp. 102-143)
Ordinance on second reading - PUBLIC HEARING - approving a request
to rezone 11.9± acres of land from Business Retail-2 (BR-2) to Planned
Development-General (PD-G) located on the corner of Mason Avenue and
Jimmy Ann Drive to construct a 144 unit multifamily complex with
associated amenities and site improvements, and authorizing the Mayor to
execute the Planned District Agreement. Applicant: Pete Zahn P.E., Zahn
Engineering, Inc., on behalf of Mezcla One, LLC/Gaihuan Ni.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to adopt the Ordinance.

Item 9B

Development and Administrative Services, Planning Division - 7-Eleven -
Rezoning, Planned Development-General (pp. 144-381)
Ordinance on second reading - PUBLIC HEARING - approving a request
to rezone .9± acres of land from Business Retail (BR-1) to Planned
Development-General (PD-G) located at 325 Seabreeze Boulevard to allow
a gas station in addition to a 24 hour convenience store and associated site
improvements, and authorizing the Mayor to execute the Planned District
Agreement. Applicant: Susan Lorentz, Interplan, LLC and Robert A
Merrell III, Esq., Cobb Cole on behalf of David Steiner.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board's motion to approve with gas pumps
failed 2-to-4 and motion to approve without gas pumps approved 6-to-0.
Action: Motion to adopt the Ordinance.

Item 9C

Development and Administrative Services, Planning Division - Land
Development Code Text Amendment - Amend portions of Article 9 of the
Land Development Code (pp. 382-391)

Ordinance on second reading - PUBLIC HEARING - amending portions of Section 9.1 (Florida Building Code and Local Amendments) and Section
9.2 (International Property Maintenance Code and Local Amendments) of
the Land Development Code that were incorrectly transitioned in the
adoption of the new Land Development Code. Applicant: Development and
Administrative Services Department, Planning Division.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to adopt the Ordinance.

Item 9D

Legal Department - Sexual Offender Residence - City Code
Amendment (pp. 392-430)
Ordinance on second reading - PUBLIC HEARING - amending Section
62-201, City Code, as adopted by Ordinance No. 11-222 and amended by
Ordinance
No. 11-298, relating to the place of residence of sexual offenders
within the
city; revising certain provisions to conform with the language
of sections 775.21 and
947.1405, Florida Statues.
Robert Jagger, City Attorney, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Ordinance.

Item 10A

Development and Administrative Services, Planning Division - Bayberry
Cove - Rezoning, Planned Development-General (pp. 431-463)
Ordinance on frst reading - approving a request to rezone 764.7± acres of
land from Planned Development-General (PD-G) and Volusia County A-2
(Rural Agricultural) to Planned Development-General (PD-G) located on
International Tennis Drive to allow for a maximum of 1200 single family
residential homes and associated site improvements, and authorizing the
Mayor to execute the Planned District Agreement. Applicant: Robert A.
Merrell III, Esq., Cobb Cole, on behalf of John P. Albright, Consolidated-
Tomoka Land Co. (Continued from the October 5, 2016 Regular City
Commission Meeting)
Richard Walton, Planning Director, to report
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass the Ordinance on frst reading.
Note: If passed, Public Hearing, November 2, 2016.

Item 10B

Development and Administrative Services, Planning Division - Daytona
Toyota/Walker Avenue - Small Scale Comprehensive Plan Amendment
(pp. 464-479)
Ordinance on frst reading - adopting a Small Scale Comprehensive Plan
Amendment changing the Future Land Use Map designation from Level 1
Residential to Retail for 0.6± acres of land located at the northwest
intersection of Walker Avenue and Bryant Street, and amending
Neighborhood G of the Future Land Use Element in the Comprehensive
Plan that restricts permissible land uses. Applicant: Mark Dowst, PE, on
behalf of Daytona BR-GD Inc.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, November 2, 2016.

Item 10C

Development and Administrative Services, Planning Division - Daytona
Toyota - Rezoning, Planned Development-General (pp. 480-519)
Ordinance on frst reading - approving a request to rezone 0.6± acres of
land located at the northwest intersection of Walker Avenue and Bryant
Street from Single Family Residential 5 (SFR-5) to Planned Development-
General (PD-G) to allow for additional parking for the dealership, and
authorizing the Mayor to execute the Second Amendment to the Daytona
Toyota Planned District Agreement. Applicant: Mark Dowst, Mark Dowst
& Associates Inc., on behalf of Gilbert L. Dannehower, Daytona BR-GD
Inc.
Richard Walton, Planning Director, to report.
Recommendation: Midtown Redevelopment Area Board recommends
approval 5-to-0.
Planning Board recommends approval 7-to-0.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, November 2, 2016

Item 10D

Development and Administrative Services, Planning Division - Longboard -
Small Scale Comprehensive Plan Amendment (pp. 520-583) Ordinance on frst reading - adopting a Small Scale Comprehensive Plan
Amendment (SSCPA) changing the Future Land Use Map designation for
6± acres of land located east of South Atlantic Avenue and immediately
north of Sunsplash Park, from Tourist Accommodations to High Intensity
Mixed-Use, amending Neighborhood Policy C, and amending the
Redevelopment Element to add uses to the High Intensity Mixed Use future
land use category. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on
behalf of Scott Bullock, Daytona JV, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Beachside Redevelopment Board recommends
approval 6-to-0.
Planning Board recommends approval 6-to-1.
Action: Motion to Pass Ordinance on frst reading.
Note: If passed, Public Hearing, November 2, 2016

Item 10E

Development and Administrative Services, Redevelopment Division -
Longboard - Rezoning, Planned Development-Redevelopment (pp. 584-
726)
Ordinance on frst reading - approving a request to rezone 6± acres of land
located east of South Atlantic Avenue and immediately north of Sunsplash
Park, from Tourist Accommodations (T-1) to Planned Development-
Redevelopment (PD-RD) to allow for a mixed-use development allowing for
hotel, multifamily, restaurant, offce, and retail uses, and authorizing the
Mayor to execute the Planned District Agreement. Applicant: Robert A.
Merrell III, Esq., Cobb Cole, on behalf of Scott Bullock, Daytona JV, LLC.
Reed Berger, Redevelopment Director, to report.
Recommendation: Beachside Redevelopment Board recommends
approval 6-to-0.
Planning Board recommends approval 6-to-1.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, November 2, 2016.

Item 10F

Development and Administrative Services, Planning Division - Halifax
Media - Rezoning, Planned Development-General & Preliminary Plat
(pp. 727-758)
Ordinance on frst reading - approving a request to rezone 4.6± acres of
land located at 901 Sixth Street from Local Industry (M-1) to Planned
Development-General (PD-G) to allow for development of commercial uses, and authorizing the Mayor to execute the Halifax Media Planned District
Agreement and approval of the Halifax Media Preliminary Plat. Applicant:
Jerry K. Finley, P.E., Finley Engineering Group on behalf of Kathy Bryant,
RPS News Journal Building, LLC.
Richard Walton, Planning Director to report.
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, November 2, 2016

Item 10G

Development Services/Cultural Services and Community Events - Amending
Chapter 82 Of The Code Of Ordinances, Amending 82-1 Schedule,
Amending 82-3 - Relating To Establishment Of Fees
(pp. 759-763)
Ordinance on frst reading amending Chapter 82 of the Code Of
Ordinances; amending Section 82-1, Defnitions, by amending defnition of
Fee Schedule; and amending Section 82-3, relating to establishment of fees.
Revisions to Chapter 82 of the City Code are necessary in order to provide
for fexibility in setting and amending user fees for the various types of
activity regulated by Chapter 82.
Helen Riger, Cultural Services and Community Events Director
recommends adoption of the Resolution.
Recommendation: Cultural Services and Community Events Director
recommends approval.
Action: Motion to pass the Ordinance on frst reading.
Note: If passed, Public Hearing November 2, 2016.

Item 10H

City Manager's Offce - Police and Fire Pension Fund Board - Appointment
(pp. 764-770)
Resolution appointing one (1) member to the Police and Fire Pension Fund
Board. Thomas Blawn resigned with a term expiration date of 12/31/19. This
appointment is a continuation from the October 5, 2016 Regular City
Commission Agenda where four applications were presented. One of the
City Commissioners was absent and there was a 3/3 tie between two of the
applicants, Dwayne Taylor and Daniel Bolerjack. This Agenda Item is
necessary to appoint Dwayne Taylor or Daniel Bolerjack.
Betty Goodman, Assistant City Manager, to report Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10I

Police Department - Announcement - Public Comment Period for Edward
Byrne Memorial Justice Local Grant Assistance (JAG) Program
(pp. 771-775)
As part of the requirement for the U. S. Department of Justice, Offce of
Justice Programs, Bureau of Justice Assistance, FY 2016 Edward Byrne
Memorial Justice Assistance Grant (JAG) Local Solicitation there is a 30-
day public comment/governing body review period September 7, 2016
through October 19, 2016. Public comments must be addressed in writing
and submitted to the Police Department's Grants Specialist. This grant is
used for the Juvenile Electronic Monitoring (JEM) Program. No additional
action is required by the City Commission.

Item 11

PUBLIC COMMENTS - DURING THIS TIME CITIZENS HAVE THE
OPPORTUNITY TO ADDRESS THE CITY COMMISSION ON ANY
MATTER THAT IS NOT ON THE AGENDA.

Items 12 - 13

12. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.

13. ADJOURNMENT.