CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
AUGUST 3, 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 Regular Meeting of the City Commission of The City of Daytona Beach, Florida, held Wednesday, July 20, 2011, 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.Allocation of Bike Week Funds  (pp. 10-13)

Resolution authorizing payment in the amount of:

$360 to the Living Faith Church for 15 cases of bottled City water; and $100 to Saint Paul Missionary Baptist Church for an ad in the Souvenir Program from the Bike Week Sponsorship Fund of Commissioner Patrick Henry.  Funds available in the General Fund.

            Recommendation:  Chief Financial Officer recommends approval.
 
 7B.200 North Beach Street (Rhokkoh's Frozen Yogurt) - Sidewalk Cafe License Agreement - Approval  (pp. 14-23)

Resolution approving the request of Rhokkoh's Frozen Yogurt, LLC for a sidewalk license agreement to provide outdoor table service in the RDD-1 (Beach Street retail) zoning district at 200 North Beach Street.    

            Recommendation:  The Downtown / Ballough Road Redevelopment Area Board
            recommends adoption of the Resolution.         
 
 7C.Utilities Department - Westside Regional Wastewater Treatment Facility - Sand Removal Project - Low Bid Acceptance  (pp. 24-30)

Resolution accepting the low bid of Fish Tech, Inc., 1016 6th Street, Daytona Beach, Florida 32117, in the amount of $89,000, for the LPGA Facility Sand Removal Project.  The scope of work involves providing necessary labor and equipment to remove approximately 2,622 cubic yards of sand from a pre-stressed concrete tank at the Westside Regional Wastewater Treatment Plant.  This tank has been in service approximately 10 years and this is the first cleaning project on it.  Periodic cleaning and sand removal from these large tanks is a normal operation.   Funds available in the Water and Sewer Improvement Fund.  

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
8. Public Hearings.
 
 8A.Land Development Code (LDC) Text Amendment - Prohibited Uses in Redevelopment Areas (pp. 31-88)

Ordinance on second reading - PUBLIC HEARING -  amending the Land Development Code (LDC), Article 2, Definitions, Article 12, Redevelopment Areas and Districts, and Article 17, Conditions and Requirements for Specific Uses, to modify the specifically prohibited uses in redevelopment areas.  

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 7-to-1 w/changes.
            Downtown/Ballough Road Redevelopment Area Board recommends approval 
            8-to-0 w/changes.
            Main Street/South Atlantic Redevelopment Area Board recommends approval 
            6-to-0 w/changes.  
            Midtown Redevelopment Area Board recommends approval 5-to-0 
            w/changes. 
            Action:  Motion to adopt the Ordinance.
 
9. Administrative Items.
 
 9A.Discussion

Announcement - Public Comment Period for Edward Byrne Memorial Justice Local Assistance (JAG) Program  (pp. 89-93)

As part of the requirement of the U.S. Department of Justice Edward Byrne Memorial Justice Local Assistance Grant Program there is a 30 day public comment governing body review period July 20, 2011 through August 20, 2011. No additional action is required by the City Commission.
 
 9B.Architectural Design Standards - Land Development Code (LDC) - Text Amendment  (pp. 94-141)

Ordinance on first reading - amending the Land Development Code (LDC), Article 10, Tourist Districts, and Article 18, Appearance Standards, to improve existing architectural design standards and to insert new architectural design requirements to increase the design regulations' effectiveness.  Applicant:  Development and Administrative Services Department, Planning Division.   

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 8-to-0 
            w/recommendations. 
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, August 17.
  

 
 9C.Daytona Beach Kennel Club - Planned Commercial Development - Rezoning  (pp. 142-178)

Ordinance on first reading - approving the second amendment to the Daytona Beach Kennel Club, Planned Commercial Development (PCD), located at 960 South Williamson Boulevard, to allow for an electronic message center sign. Applicant: Robert A. Merrell, III, Esq., of Cobb Cole, on behalf of Daytona Beach Kennel Club, Inc.(successor to North Delaware Land Acquisition company, Inc.)    

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends denial 4-to-5.
                                          Requires a Super Majority vote of the City Commission for
                                          approval.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, August 17.
 
 9D.Robbie O'Connell's - Planned Commercial Development (PCD) - Rezoning  (pp. 179-224)

Ordinance on first reading - approving a request rezone 2,680± square-feet of land, located at 550 Seabreeze Boulevard, from BR-1 (Business Retail), to Planned Commercial Development (PCD), to allow live music on the site.  Applicant:  Glenn Storch, P.A., on behalf of TOLC, LLC.   

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends denial 3-to-6.
                                          Requires a Super Majority vote of the City Commission for
                                          approval.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, August 17.
 
 9E.45 S. Ocean Avenue - Real Estate Purchase  (pp. 225-247)

Resolution approving an Assignment of Real Estate Purchase and Sale Agreement for property located at 45 S. Ocean Avenue, in the amount of $898,700 plus closing costs.  The Community Redevelopment Agency (CRA) Board expressed interest in expanding Breakers Oceanfront Park through acquisition of three (3) adjacent oceanfront properties at the February 17, 2010 CRA meeting.  The CRA approved the expenditure of funds for all three lots on July 7, 2010.  The purchase of the first of three parcels (39 S. Ocean Avenue) was approved by the City Commission on July 7, 2010.  A purchase price of $860,000 was negotiated for the acquisition of 45 S. Ocean Avenue excluding the costs for assignment and closing costs.   A contract is currently being negotiated for the remaining parcel (35 S. Ocean Avenue) that would complete the acquisition needed to expand Breakers Park to Harvey Avenue .   Two (2) appraisals were performed.  The City Commission must approve the sales contract so that title is in the name of The City of Daytona Beach.  Funds available in the Main Street Redevelopment Trust Fund. 

            Reed Berger, Redevelopment Director, to report.

            Recommendation:  Redevelopment Director recommends adoption of the 
            Resolution.
            Action:  Motion to adopt the Resolution.
 
 9F.Affordable Housing Advisory Committee - Appointments  (pp. 248-268)

Resolution appointing seven (7) members to the Affordable Housing Advisory Committee. The board consist of eleven (11) members who may be recommended by the Mayor, or any City Commissioner and who shall be appointed by resolution of the City Commission for a two (2) year term, to include one home builder (HB), one banking or mortgage representative (BR), one labor representative (LR), one low income advocate (LIA), one for-profit affordable housing provider (FPAHP), and one real estate professional (REP), one not-for-profit affordable housing provider (NPAHP), one member of the Planning Board (PB), one person who is a City resident (CR), one person who represents employers within the City(CE), one person who represents essential services personnel (ES).  Provided, however, that where the City Commission is otherwise unable to fill the Advisory Committee position meeting the requirements, they may waive that part of the requirement stating that the engagement or representation in question be “in connection with affordable housing.”  The membership terms of all members of the board expired on 2-17-11.

Seven (7) members continue to meet state guidelines and would like to be reappointed:  Larry McDermott, Anne Yordon, Patricia Lagoni, Lola Casellas-Young, Jeff Hurt, Norma Lewis and Tyrone Brown. 

               Betty Goodman, Assistant City Manager, to report.

               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.



 
 9G.Board of Adjustment - Appointment  (pp. 269-275)

Resolution appointing one (1) member to the Board of Adjustment.  Gary Libby, representative for Zone 2 with a membership term to expire on 12-31-13, resigned to serve on another board. The board shall consist of seven (7) members and one alternate, two (2) members shall be at large and one member shall be appointed from each of the Commission zones.  The Mayor shall nominate at-large members, including the alternate.  Members shall serve staggered terms of three (3) year terms. Must be a qualified elector of the City and reside within the zone for which appointed. 

We have two applications from Zone 2:  Arlow J. Triplett, Jr., and Rodney Janowski.
 
               Betty Goodman, Assistant City Manager, to report.

               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.
 
 9H.Main Street-South Atlantic Redevelopment Area Board - Appointment  (pp. 276-307)

Resolution appointing one (1) member to the Main Street/South Atlantic Redevelopment Area Board.  Angela Cameron has resigned with a membership term expiring on 12-31-11.  This position is for an individual who resides in the City or has his/her principal place of business in the South Atlantic or Main Street Redevelopment Areas.  The board shall consist of nine (9) members and an alternate serving for staggered terms two (2) years appointed by the City Commission; two (2) members who reside in or have their principal place of business in the South Atlantic Redevelopment Area (SARA); two (2) members who reside in or have their principal place of business in the Main Street Redevelopment Area (MSRA); three (3) members who reside in the City or have their principal place of business in the South Atlantic or Main Street Redevelopment Areas (CR/MS/SA); one (1) member of the Planning Board (PB); one (1) member who is a Design Professional (DP) ; and one (1) alternate member who is a Design Professional (ADP) and who will serve only in the absence of the Design Professional member.  No member, except ex-officio and the design professional, shall serve more than two (2) consecutive terms. A majority of members of the board must reside in the City.  

We have received applications from the following individuals: Celeste Doliner, Mike Chuven, John Nicholson, Dino Paspalakis, John DiGuilio, Bill Bailey, Gilbert Myara, Suzanne Ramsey, Daniel Donkel, John Shanks, Jr., Arlow Triplett, Jr., Peter Henri Williamson and Tim Davis. 

               Betty Goodman, Assistant City Manager, to report.

               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.
 
10. Comments and inquiries from the City Commission and City Manager.
 
11. Adjournment.