Items 1 - 3

1. ROLL CALL.

2. INVOCATION.

3. PLEDGE OF ALLEGIANCE TO THE FLAG.

Item 4

APPROVAL OF MINUTES

Approval of Minutes

Approval of the minutes of the December 16, 2015, Regular City Commission Meeting
and the December 16, 2015, Closed/Shade Meeting held at City Hall, 301 South
Ridgewood Avenue, Daytona Beach, Florida.

Item 5

AGENDA APPROVAL

THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELFEXPLANATORY
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 6

PRESENTATION.

Presentation - Mayor's State of the City Address 2016 (pp. 12-13)
Mayor Derrick L. Henry will give the annual State of the City Address for 2016.
Subpart A, Charter and Related Laws, Article III, Section 16 (a) states The Mayor shall
present an annual "State of the City" address in the month of January.

Item 7

CITIZENS

PUBLIC COMMENTS BY 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 matter that is not on the Agenda.

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).

8B. Riverfront Park Day Docks Design Services, Permits and Grant Administration - Work
Authorization No. 4 (pp. 24-62)
Resolution approving Work Authorization No. 4 with Dredging and Marine
Consultants (DMC), 4643 Clyde Morris Boulevard, Port Orange, FL 32129 in an
amount of $190,135 for the design, engineering, surveys, permitting and production of
construction documents. Approval is required for this design contract in order to
initiate and complete work in accordance with the conditions of the Florida Inland
Navigation District (FIND) Grant Agreement No. VO-DB-15-109. The City is required
to fund $190,135 of which 50% will be reimbursed upon award of the construction
contract. This amount must be paid up-front by the City until reimbursement is
received from FIND. Funds available in the General Fund.
Recommendation: Deputy City Manager recommends adoption of the Resolution.

8C. Riverfront Park Day Docks Design Services and Permits –Acceptance of Florida Inland
Navigation District Grant (pp. 63-104)
Resolution approving the Florida Inland Navigation District (FIND) grant (VO-DB-15-
109) in the amount of up to $114,175.00 for the Design Phase of the Day Docks in
Riverfront Park and Work Authorizations 30 and 30A with Planning Solutions
Corporation in the total amount of $11,416 to apply for and administer the grant. The
FIND Grant will be used to reimburse a portion of the City's contracted cost for Design
and Permit related services (See Agenda Item 8A). The grant application was
previously approved by Resolution 15-90. Funding available in General Funds.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.

8D. Restoration of the Historic Coquina Clock Tower - Grant Acceptance (pp. 105-122)
Resolution authorizing the submittal and acceptance of Volusia County ECHO Grant
Program Funds in the amount of $115,510 and approving a 50% City Match in the
amount of $115, 510 for restoration of the Historical Clock Tower. Funds available in
the Redevelopment Main Street Fund.
Recommendation: Public Works Director recommends adoption of the Resolution.

8E. First Amendment to the Daytona Beach Convention Hotel & Condominiums Utility and
Off-Site Improvement Agreement (pp. 123-142)
Resolution approving the First Amendment to the Daytona Beach Convention Hotel &
Condominiums Utility and Off-Site Improvement Agreement with Protogroup, Inc.,
120 Garden Street, North, Palm Coast FL 32137. The amendment requires certain
infrastructure improvements prior to issuance of a Certificate of Occupancy for the
Hotel proposed to be constructed in Phase 2.
Recommendation: Redevelopment Director recommends adoption of the
Resolution.

8F. Brentwood Drive Detectable Warning Devices - Bid Acceptance (pp. 143-156)
Resolution accepting the lowest responsive bid from Sanderson Concrete Construction,
Inc., 2440 Timberview Dr, New Smyrna Beach, FL, 32168, for the demolition and
reconstruction of Handicap Ramps along Brentwood Drive from Derbyshire Road to
Rambler Road in the amount of $27,974.10. This project is necessary to ensure ADA
(Americans with Disabilities Act) compliance along Brentwood Drive. Funds
available in the 5 Cent Transportation Fund.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.

8H. Allocation of Bike Week Sponsorship Funds (pp. 161-162)
Resolution authorizing payment from the General Fund in the amount of :
$100 to ArtHaus Foundation Inc., for general donation and $150 to National Council of
Negro Women, Inc., for the 11th Annual NCNW Black History Brain Bowl
competition from the Bike Week Sponsorship Funds of Commissioner Patrick Henry.
Recommendation: Chief Financial Officer recommends adoption of the Resolution.

Item 9A

PUBLIC HEARINGS

Land Development Code Text Amendments - Amend Article 5.2.B and 6.21
(pp. 163-235)
Ordinance on second reading - PUBLIC HEARING - amending the Land
Development Code, Article 5.2.B (Standards for Specific Principal Uses) and 6.21
(Alcoholic Beverages) to address gaps that were inadvertently left out of the new Land
Development Code. Applicant: Development and Administrative Services Department,
Planning Division.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommended approval 6-to-0 with
Alternative No. 2 being used for new establishments and Alternative No. 1 be
applied for existing establishments that cannot meet Alternative No. 2.
Action: Motion to adopt Ordinance.

Item 9B

Land Development Code Text Amendments - Amending Articles 3, 4, 5, 6, 7, 9, 11, and
Appendix A of the Land Development Code (pp. 236-427)
Ordinance on second reading - PUBLIC HEARING - amending Articles 3, 4, 5, 6, 7,
9, 11, and Appendix A of the Land Development Code. Staff is seeking approval of
text amendments that were omitted, incorrectly transitioned, or needed further
clarification in the new Land Development Code. Applicant: Development and
Administrative Services Department, Planning Division.
Richard Walton, Planning Director to report.
Recommendation: Planning Board recommended approval 6-to-0 on November
19, 2015 for Articles 3,4,5,7,9,11, and Appendix A and 7-to-0 on December 17,
2015 for Article 6.
Action: Motion to adopt Ordinance.

Item 9C

Approval of Revision to Purchasing Code Sec. 30-82(9) (pp. 428-432)

Ordinance on second reading - PUBLIC HEARING - approving the revision of the
Purchasing Code to replace the current Section 30-82(9) which addresses how tie bids
will be determined when conducting competitive sealed bidding. Currently, the
ordinance decides a tie bid in the following order of precedence; award to the local
vendor as defined in the code, award to the firm certifying a drug free workplace, or by
drawing lots in public. The change would replace the final option of drawing lots in
public with a provision to permit award to the most responsible bidder based on the
criteria for determining responsibility under section 30-82(8), i.e., the bidder having the
necessary ability and skill to perform the contract, the bidder’s ability to provide the
required quality and quantity of goods and/or services promptly, and a record of
satisfactory performance on previous contracts of similar scope.
Patricia Bliss, Chief Financial Officer, to report.
Recommendation: Chief Financial Officer recommends approval.
Action: Motion to adopt Ordinance.

Item 9D

Daytona Beach Convention Hotel & Condominiums - Rezoning, Second Amendment
(pp. 433-460)
Ordinance on second reading - PUBLIC HEARING - approving the Second
Amendment to the Planned District Agreement for the Daytona Beach Convention
Hotel & Condominiums providing for a three phase development, revising the
construction schedules, and authorizing the Mayor to execute the Second Amendment
to the Planned District Agreement. Applicant: Clay Ervin, Zev Cohen and Associates,
on behalf of Alexey P. Lysich, Vice President, Protogroup, Inc.
Reed Berger, Redevelopment Director, to report.
Recommendation: Beachside Redevelopment Board recommends approval
6-to-0 and the Planning Board recommends approval 6-to-0.
Action: Motion to adopt Ordinance.

Item 9E

Madison Cove Apartments - Rezoning to Business Shopping Center (BR-2)
(pp. 461-482)
Ordinance on second reading - PUBLIC HEARING - approving a request to rezone
approximately 1.1± acres of land located at the southwest corner of North Beach Street
and Madison Avenue from Multifamily Residential-20 (MFR-20) to Business Shopping
Center (BR-2) to attain uniform zoning for the site. Applicant: Michael Oliver, on
behalf of 10 Alison Lane, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to adopt Ordinance

Item 8G

Acceptance of Cash Donations for Homeless and Indigent Public Assistance Services
Fund/ Volusia Safe Harbor Project (pp. 157-160)
Resolution creating an account to accept cash donations for a Homeless and Indigent
Public Assistance Services Fund. The Homeless and Indigent Public Assistance
Services Fund will be created to provide grants, subsidies, and contributions to eligible
private, not-for-profit organizations and governmental agencies which provide public
assistance services. The grants will allow the eligible organizations to receive money to
cover the cost of providing mental health, physical health, public assistance programs,
developmentally disabled and interrelated programs such as the cost of providing care,
treatment and assistance to the homeless and indigent of the community for the welfare
of the community as a whole and its individuals and for the funding of the Volusia Safe
Harbor project. The financial obligation on the part of the City of Daytona Beach will
be limited to the dollar value of the cash donations received.
Recommendation: Chief Financial Officer recommends adoption of the Resolution.

Item 10A

ADMINISTRATIVE ITEMS

Presentation by James A. Sexton - Diversity in the Workplace (pp. 483-534)
Presentation concerning Diversity in the Workplace by James Sexton, Human
Resources Director.

Item 10B

Big Tree/Nova Road - Large Scale Comprehensive Plan Amendment (pp. 535-607)
Ordinance on first reading - adoption of a Large Scale Comprehensive Plan
Amendment (LSCPA) changing the Future Land Use Map (FLUM) designation from
Level 1 Residential to Level 2 Residential for 28.8± acres of land generally located
southwest of the intersection at Big Tree and Nova Road. Applicant: Saralee
Morrissey, Volusia County School Board.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, February 3, 2016.

Item 10C

Hinson Middle School - Large Scale Comprehensive Plan Amendment (pp. 608-668)
Ordinance on first reading - adoption of a Large Scale Comprehensive Plan
Amendment (LSCPA) changing the Future Land Use Map (FLUM) designation from
Volusia County - Urban Low Intensity (ULI) to City of Daytona Beach, Level 1
Residential for 50.3± acres of land located at 1860 N. Clyde Morris Boulevard for the
David C. Hinson Middle School facilities. Applicant: Saralee Morrissey, Volusia
County School Board.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing February 3, 2016.

Item 10D

Hinson Middle School - Rezoning (pp. 669-682)
Ordinance on first reading - approving a request to rezone 50.3± acres of land located
at 1860 N. Clyde Morris Boulevard from Volusia County, Urban Single-family
Residential (R-2) to City of Daytona Beach, Single Family Residential (SFR-5) for the
David C. Hinson Middle School facilities. Applicant: Saralee Morrissey, Volusia
County School Board.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, February 3, 2016.

Item 10E

Right-of-Way Vacation - North Caroline Street - Utility Easement Acceptance
(pp. 683-701)
Resolution vacating a 0.15± acre, 159± foot long, 40 foot wide section of North
Caroline Street right-of-way and acceptance of two associated utility
easements, permitting the ongoing maintenance of utilities owned by the City.
Applicant: Mark Dowst, P.E., on behalf of Villages at Halifax II, LP.
David Waller, Deputy Public Works Director, to report.
Recommendation: Public Works Director recommends adoption of the resolution.
Action: Motion to adopt the Resolution.

Item 10F

Villages of Halifax II - Amending Neighborhood Stabilization Program (NSP) and
HOME agreements with The Daytona Beach Housing Authority (DBHA)
(pp. 702-735)
Resolution to amend several funding agreements previously entered into with the
Daytona Beach Housing Authority (DBHA) to facilitate DBHA 's acquisition of
property at 205 N. Keech Street and redevelopment of the property with affordable
rental housing units. These agreements provided DBHA funding available under
NSP1, NSP3, and HOME programs to facilitate the project, and required that DBHA
use the units solely as low income rental housing for an Affordability Period of 20
years. DBHA has completed construction of 13 units and desires to construct an
additional 80 units. DBHA through an affiliate, has formed a partnership with a private
entity to take ownership of the property in order to qualify for Low Income Housing
Tax Credits (LIHTCs). The partnership will be eligible to receive $1,259,100 in
LIHTCs and will complete construction of an additional 80 units, if the City amends the
agreements as requested. The amendments would give consent to the transfer of
ownership of the property, replace 75,000 in HOME Funds previously approved with
HOPE 3 Funds and ensure that the 13 existing units continue to meet applicable
requirements. Due to LIHTCs program requirements, the additional 80 units must
be used as low income affordable housing for a period of 50 years. Funds available in
the Hope 3 Fund.
Emory Counts, Economic and Community Development Director, to report.
Recommendation: Economic and Community Development Director recommends
adoption of the Resolution.
Action: Motion to adopt the Resolution.

Item 8A

8A. Bike Week 2016 Private Property - Activity at 601 Main Street - Stipulation
Agreement (pp. 15-23)
Resolution approving the Stipulation For Waiver With Conditions Of Three-Year
Prohibition On Temporary Outside Activities Pursuant to Art. 5, §§ 5.4.C.3. and
5.4.C.11., LCD between The City of Daytona Beach, Talib, LLC, and Rolling Rebel,
LLC, approving participation in Bike Week 2016 activities at 601 Main Street.
Recommendation: City Attorney recommends adoption of the Resolution.

Item 10G

Bike Week 2016 Master Plan - Private Property (pp. 736-870)
Resolution adopting the Bike Week 2016 Master Plan for the use of Private Property as
presented by the Daytona Beach Regional Chamber's Bike Week Festival Task Force.
Phil Maroney and Bob Coleman, Bike Week Festival Task Force Chairmen to
report.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution.

Item 10H

Bike Week 2016 Master Plan - Public Property (pp.871-965)
Resolution approving the Bike Week 2016 Public Property Master Plan compiled by
the Cultural Services and Community Events Division of all requests for use of public
property during Bike Week 2016 for approval by the City Commission.
Helen Riger, Cultural Services and Community Events Director, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution.

Item 10I

Midtown Redevelopment Board-Appointments (pp. 966-974)
Resolution appointing two (2) members to the Midtown Redevelopment Board. The
membership terms for Steven Miller and Oliver Ross expired on 12/31/15. Both
individuals would like to be reappointed. 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. The members shall be appointed to two-year
staggered terms and may be reappointed to successive terms. Mr. Miller and Mr. Ross
would like to be reappointed. We have no other qualifying applications at this time.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Items 11 & 12

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

12. ADJOURNMENT.