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 December 19, 2018 Food Truck Workshop
held at City Hall, 301 Ridgewood Avenue, Daytona Beach, Florida.

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 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.

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/Technical Services Division - Trane U.S., Inc. and Air Of
Orlando - Emergency Replacement Ratification (pp. 19-33)
Resolution ratifying the emergency purchase orders with Trane
U.S., Inc., 2301 Lucien Way, Suite 430, Maitland, FL 32751, quote No. 3
42-386443-18-006 ($50,567.75) who will be supplying and installing the
new HVAC system and Air of Orlando, American Portable, P.O. Box
297646, Pembroke Pines, FL 33029, quote No. 5701 ($7.050) who are
suppling the temporary portable HVAC units. The City Hall downstairs
HVAC system suffered a catastrophic failure. The purpose of declaring this
project an emergency is to expedite the replacement process, maintain the
customer's quality of use of the facility with the leas disruption and
minimize the temporary chiller rental time. Funds available in the General
Fund.
Recommendation: Public Works Director recommends adoption of the
Resolution.

8.B. Public Works / Technical Services Division - A.F Standby Systems -
Purchase (pp. 34-46)
Resolution accepting the quote from A.F. Standby Systems in the amount of
$35,200 for a new 60KW Generator and new 400 AMP Transfer Switch for
Fire station 6. The Fire Department has requested an increase in the capacity
of the generator and automated switch gear to provide emergency power
service to the entire firehouse. This project will expand the service
capabilities of the Fire Department to be able to respond to surrounding new
development. This project also allows for continuous emergency operations
and as a backup staging area during emergency events such as hurricanes.
This expansion allows for a greater number of Fire Stations to remain in
service during an emergency event to meet the growing demand from
population and business communities. Fire Station No. 6 was abandoned
during the last storm due to losing power. Funds available in the Fire/EMS
Impact Fees Fund.

Recommendation: Public Works Director recommends adoption of the Resolution.

8.C. Utilities Department - Trojan Technologies - UV System Parts and
Equipment - Westside Regional and Bethune Point Water Reclamation
Facilities - Trojan UV System – Sole Source (pp. 47-56)

Resolution approving a purchase from Trojan Technologies, 3020 Gore
Road, London Ontario, Canada N5V 4T7, for UV system parts in the amount
of $175,786.14. The Westside Regional and Bethune Point Water
Reclamation Facilities utilize an Ultraviolet (UV) System for disinfection of
the treated wastewater. The purpose of this request is to obtain the required
inventory for routine maintenance and have ample parts in sock for general
repairs. All of the disposable parts consisting of lamps, ballasts, wipers,
sleeves, electrical components, and hydraulic components are replaced
annually to maintain disinfection levels required of all wastewater treatment
plants by State and Federal regulatory agencies. Major maintenance is
required every 8 to 10 thousand hours of service along with some items that
require replacement every 2 years. Sole Source is being requested because
Trojan Technologies is the only provider of these parts and to uphold the
equipment warranty. Funds available in the Water and Sewer funds.
Recommendation: Utilities Director recommends adoption of the
Resolution.

8.D. Utilities Department - Insituform Technologies, LLC - Continuing Services
Contract for Cured-In-Place-Pipe Rehabilitation (pp. 57-108)
Resolution approving a Continuing Services Contract for Cured-In-Place-
Pipe rehabilitation with Insituform Technologies, LLC, 17988 Edison
Avenue, Chesterfeld, MO 63005, for one year with four one-year renewal
options and authorizing the City Manager to renew the Contract annually
under the Contract's renewal option. This request is needed to provide the
City with rapid access to reliable and high quality pipe lining services in
order to maintain and/or improve system capacity and reliability. No City
funding is associated with this request.

Recommendation: Utilities Director recommends adoption of the Resolution.

8.E. Utilities Department - Tomoka Town Center - Utility Easement Acceptance
(pp. 109-123)

Resolution accepting a Utility Easement granted by Tomoka Town Center
Phase 1, LLC. The purpose of the easement is to convey a public utility
easement for a gravity sewer system constructed within Phase One of
Tomoka Town Center. As part of the Tomoka Town Center development, a
public sewer system was designed and constructed to provide sewer service to the outparcels. The sewer system has been completed and has been cleared for service by the FDEP. The acceptance of this easement is the final item required as part of the Letter Agreement – Issuance of Certificates of
Completion for Tomoka Town Center.

Recommendation: Utilities Director recommends adoption of the Resolution.

8.F. Fire Department - Zoll Medical Corporation - Purchase (pp. 124-135)
Resolution authorizing the sole source purchase of two (2) Zoll X-Series
Cardiac Monitor/Defibrillators and accessories in the amount of $69,622.76
from Zoll Medical Corporation 269 Mill Road Chelmsford, Massachusetts
01824-4105. As adopted in the FY18/19 Capital Improvement Plan, the
proposed monitor/defibrillators purchase is year four of a multi-year
replacement program to replace essential life saving equipment which is
beyond its useful life. Previous grant funding attempts have been denied.
Funds available in the Capital Projects Fund.

Recommendation: Fire Chief recommends adoption of the Resolution.

8.G. City Manager's Office - Funding For Countywide Election - 1/2 Cent Sales
Tax (pp. 136-140)

Resolution approving funding for a countywide election, to be conducted by
mail, anticipated to be held in May of 2019. To offset cos of the election,
each city is being asked to approve a prorated contribution. Daytona Beach’s
requested allocation is $41,203. The Daytona Beach City Commission has
previously adopted a resolution supporting a referendum to determine public
support for a new countywide ½ cent sales tax. The tax would be dedicated to
funding transportation, clean water, storm water, and other infrasructure
needs as defined in the County’s enabling ordinance. At this time the
projected annual revenue to the City of Daytona Beach is $3,716,126. The
length of the tax if approved would be twenty years.

Recommendation: City Manager recommends adoption of the Resolution.

8.I. Finance Department - Allocation of Bike Week Sponsorship Funds
(pp. 167-170)
Resolution authorizing payment from the General Fund in the amount of:

$200 to Jesus Clinic, health clinic providing free medical care for the
working poor, for a donation to assist Daytona Beach residents and $200 to
Leisure Services, for permit fees for R.A.C.E Foundation's Firs Annual
Educational Workshops and Family Talent Show from the Bike Week
Sponsorship Fund of Mayor Derrick Henry.
$250 to Delta Sigma Theta Sorority, Inc., Daytona Beach Alumnae Chapter,
for their Community Shredding Event from the Bike Week Sponsorship
Funds of Commissioner Robert Gilliland.

$250 to Delta Sigma Theta Sorority, Inc., Daytona Beach Alumnae Chapter,
for their Community Shredding Event , $200 to Leisure Services, for permit
fees for R.A.C.E Foundation's Firs Annual Educational Workshops and
Family Talent Show; and $150 to Leisure Services for the Mayor's Fitness
Challenge from the Bike Week Sponsorship Funds of Commissioner
Dannette Henry.

$150 to Leisure Services for the Mayor's Fitness Challenge, $150 to Majesty
Chapter 565, for the 14th Annual Easter Egg Hunt on April 20, 2019 at
Derbyshire Park, $250 to Delta Sigma Theta Sorority, Inc., Daytona Beach
Alumnae Chapter, for their Community Shredding Event; and $320 to Beta
Iota Sigma Chapter, Sigma Gamma Rho Sorority, Inc., for Royal Blue and
Gold Sponsorship to their Annual Black History Month Event from the Bike
Week Sponsorship Funds of Commissioner Paula Reed.

Recommendation: Chief Financial Officer recommends adoption of the
Resolution.

Item 8H

Development and Administrative Services - Avista Properties VII, LLC -
Boardwalk Improvement Agreement (pp. 141-166) Resolution authorizing approval of the Avista Properties VII, LLC Boardwalk Improvement Agreement with Avista Properties VII, LLC. The property is located at 41 S. Ocean Avenue in the Main Street Community Redevelopment Area (CRA). The agreement outlines Avista's obligations
with regard to construction and dedication to the City of a public boardwalk extension along the eastern edge of its property and other public improvements. Following the issuance of a Certificate of Occupancy for the protect, the agreement provides for CRA Annual Incentive Payments from
Annual Project TIF Revenue during the five year Incentive Period not to
exceed the costs of the public improvements. The incentive payments are to
be paid no later than April 30th of each year during the five-year Incentive
Period. The TIF paid to Avista will cos up to $3,121,004. Based on
projected tax revenues, the City will receive as a return on investment
$6,414,650 over the life of the CRA ($9,514,650 over a 20 year period).

Recommendation: Deputy City Manager recommends adoption of the
Resolution.

Item 9A

PUBLIC HEARINGS.

Legal Department - Panhandling Ordinance (pp. 171-184)
Ordinance on second reading - PUBLIC HEARING - amending the City
Code to provide new panhandling regulations including sections for findings
and intent, definitions, prohibited conduct, and proximity and location
restrictions for panhandlers, beggars, and solicitors. Resolution No. 18-249,
approved the City's request to retain attorney Michael Kahn to draft new
panhandling regulations and to conduct evidentiary hearings before the City
Commission in support thereof. Evidentiary hearings were conducted on
December 12, 2018 and January 16, 2019.
Michael Khan, to report.

Recommendation: Motion to adopt Ordinance.
Action: Motion to adopt Ordinance.

Item 9B

Development and Administrative Services, Planning Division - Preserve at
LPGA - Large Scale Comprehensive Plan Amendment (pp. 185-282)
Ordinance on second reading - PUBLIC HEARING - adopting a Large
Scale Comprehensive Plan Amendment (LSCPA) amending the Future Land
Use Element, Neighborhood V, to increase the density from one (1) unit per
acre to two (2) units per acre, with a maximum density of four (4) units per
net acres for a 130± acre parcel generally located on the west side of LPGA
Boulevard, between International Tennis Drive and International Speedway
Boulevard (US 92). Applicant: Robert A. Merrell III, Esquire, Cobb Cole,
and Raymond J. Spofford, AICP, England-Thims and Miller, Inc. on behalf
of E. Scott Bullock, Consolidated-Tomoka Land Co.

Dennis Mrozek, Planning Director, to report.

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

Item 9C

Development and Administrative Services, Planning Division - Rezoning,
Planned Development-General - Preserve at LPGA - Rezoning, Planned
Development-General (pp. 283-356)

Ordinance on second reading - Quasi-Judicial Hearing - approving a
request to rezone 130± acres of land located on the west side of LPGA
Boulevard and south of Father Lopez School from Volusia County zoning to
Planned Development-General (PD-G) to allow for a 158 lot single family
subdivision, and authorizing the Mayor to execute the Preserve at LPGA
Planned District Agreement. Applicant: Robert A. Merrell III, Esquire, Cobb
Cole, and Raymond J. Spofford, AICP, England-Thims and Miller, Inc. on
behalf of E. Scott Bullock, Consolidated-Tomoka Land Co.

Dennis Mrozek, Planning Director, to report.

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

Item 9D

Development and Administrative Services, Planning Division - Land
Development Code Text Amendment - Mobile Food Vending (pp. 357-418)
Ordinance on second reading - PUBLIC HEARING - amending the Land
Development Code to allow for mobile food vending as a temporary use in
all zoning districts. The proposed text amendment will introduce a new
business market to the City that is not currently permitted. Applicant:
Development and Administrative Services Department, Planning Division.

Dennis Mrozek, Planning Director, to report.

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

Item 9E

Development and Administrative Services, Planning Division - Code of
Ordinances Text Amendment - Mobile Food Vendors (pp. 419-442)
Ordinance on second reading - PUBLIC HEARING - creating Chapter
103 - Mobile Food Vendors to the Code of Ordinances to add regulations and
licensing requirements for Mobile Food Vendors to provide the City with a
new business market.

Dennis Mrozek, Planning Director, to report.

Recommendation: Planning Director recommends approval.
Action: Motion to adopt Ordinance.

Item 9F

Development and Administrative Services, Redevelopment Division -
Bellavita Estates - Rezoning to Redevelopment Downtown-Riverfront Mixed
Use (RDD-4) (pp. 443-466)
Ordinance on second reading - PUBLIC HEARING - approving a request
to rezone 0.65± acre of land located at 919 and 923 N. Beach Street from
Local Industry (M-1) to Redevelopment Downtown - Riverfront Mixed Use
(RDD-4), for the purpose of providing uses and development consistent with
the City’s Comprehensive Plan. Applicant: Diane Larsen, Selby Realty, on
behalf of the property owner, Bellavita Estates Inc. * *Applicant has
requested that this item be continued until the March 6, 2019 City
Commission Meeting**

Reed Berger, Redevelopment Director, to report.

Recommendation: Downtown Redevelopment Board recommends approval
4-to-0 and the Planning Board recommends approval 7-to-0.
Action: Motion to adopt Ordinance.

Item 9G

Development and Administrative Services, Planning Division - Land
Development Code Text Amendment - Amend Article 5 (pp. 467-476)
Ordinance on first reading - PUBLIC HEARING - amending the Land
Development Code, Article 5.2.A.2 to allow restaurants with drive-through
service to the Tourist/Highway Interchange (T-5) zoning district.

Dennis Mrozek, Planning Director, to report.

Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass Ordinance on first reading.

Note: If passed, Second Public Hearing, February 20, 2019

Item 9H

Development and Administrative Services, Planning Division - Williamson
Ridge - Neighborhood K & S - Large Scale Comprehensive Plan
Amendment (pp. 477-489)

Ordinance on first reading - PUBLIC HEARING - adopting a Large Scale
Comprehensive Plan Amendment (LSCPA) amending the Future Land Use
Element, Neighborhood K - Issue (C), Policy (2), and Neighborhood S -
Issue (A), Policy (2), to remove listed permitted uses duplicated in the
Mixed Use Future Land Use category, Policy 1.1.2, of the Future Land Use
Element of the Comprehensive Plan and to eliminate limitations on
commercial retail developments at the intersections of Williamson Boulevard
and LPGA Boulevard, and Clyde Morris Boulevard and LPGA Boulevard.
Applicant: Michael O. Sznapstajler, Esq., Cobb Cole, representing Concierge
LPGA, LLC. **This item was continued from the January 23, 2019 City
Commission Meeting**

Dennis Mrozek, Planning Director, to report.

Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, April 3, 2019.

Item 10A

ADMINISTRATIVE ITEMS.

Development and Administrative Services, Redevelopment Division - Avisa
- Rezoning, Planned Development-Redevelopment (pp. 490-659)
Ordinance on first reading - approving a request to rezone 2.176± acres of
land located at 41 S. Ocean Avenue from Beachside Redevelopment
Hotel/Mixed Use (RDB-1) to Planned Development-Redevelopment (PDRD)
to allow the construction of a hotel with associated site improvements,
and authorizing the Mayor to execute the Avisa Hotel Planned District
Agreement. Applicant: Glenn D. Storch, P.A. on behalf of Avisa Properties
VII, LLC. ** This item was continued from the January 23, 2019 City
Commission Agenda**
Reed Berger, Redevelopment Director, to report.

Recommendation: Beachside Redevelopment Board recommends approval
7-to-0 and the Planning Board recommends approval 6-to-0.
Action: Motion to pass Ordinance on first reading.

Note: If passed, second reading, February 20, 2019.

Item 10C

Development and Administrative Services, Planning Division - Tiki Supreme
- Rezoning to Planned Development-General (pp. 735-773)

Ordinance on first reading - approving a request to rezone 12.4± acres of
land located at 2401 Mason Avenue from Planned Development-General
(PD-G) (Expired Tiki Supreme Planned District Agreement) to Planned
Development-General (PD-G) to allow for the development of a 102,907±
square foot industrial development and authorizing the Mayor to execute the
Tiki Supreme Planned District Agreement. Applicant: Joseph Hopkins, P.E.,
The Performance Group, Inc., on behalf of Tiki Supreme Inc.

Dennis Mrozek, Planning Director, to report.

Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, February 20, 2019.

Item 10D

Development and Administrative Services, Planning Division - Orthopaedic
Surgery Center - Second Amendment to Planned District Agreement
(pp. 774-830)
Ordinance on first reading - amending the Orthopaedic Surgery Center
Planned District Agreement to add 4.1± acres and to allow for the
construction of an additional 40,000 s.f. medical/general office building,
expanding the total allowable medical/general office to 57,000 s.f. and a total
of 7.1± acres of land located at 1871 LPGA Boulevard, and authorizing the
Mayor to execute the Second Amendment to the Orthopaedic Surgery Center
Planned District Agreement. Applicant: Mark Dows, P.E., Mark Dowst &
Associates, Inc., on behalf of Volusia Orthopaedic Trauma Call Associates,
LLC and Indigo Development, Inc.

Dennis Mrozek, Planning Director, to report.

Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass Ordinance on first reading.

Note: If passed, Public Hearing, February 20, 2019.

Item 10E

Development and Administrative Services, Economic/Community
Development - Amend the Affordable Housing Advisory Committee
membership requirements to comply with changes in the Florida Statutes
(Section - 420.9076) (pp. 831-843)
Ordinance on first reading - amending Ordinance No. 93-37, establishing
the Local Housing Assistance Program’s Affordable Housing Advisory
Committee (AHAC), as previously amended by Ordinance Nos. 96-259 and
08-112, to comply with changes in Florida Statutes Section 420.9076;
revising the Advisory Committee size from 11 required members to “at leas
8 but not more than 11 committee members”; revising the Committee
technical qualifications whereby member representation mus satisfy at leas
6 of the 11 categories listed; and provide when this ordinance shall take
effect.

James Morris, Deputy City Manager, to report.

Recommendation: Deputy City Manager recommends approval.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, February 20, 2019.

Item 10F

City Manager's Office - Board of Building Codes - Appointment
(pp. 844-850)

Resolution appointing one member to the Board of Building Codes. The
board shall consist of five members appointed by the City Commission.
Board members shall be chosen on an at large basis. Each member shall have
substantial experience in one or more areas of professional service within the
building industry such as fire safety consulting, building inspection,
engineering, architecture, or general contracting. A majority of the members
shall be residents of the City. A position on this board was left vacant due to
the resignation of Patricia Rippey. We have received one application from
Vernon Weatherholtz.

Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10G

City Manager's Office - Beautification/Tree Advisory Board - Appointments
(pp. 851-876)
Resolution appointing five members to the Beautification/Tree Advisory
Board. The membership terms of Martha Grimshaw (At Large), Sheron
Weatherholz (Zone 1) and James Newman (Zone 3) have expired and all
three individuals would like to be reappointed. There are also openings in
Zones 2, 5 and 6. The board shall consist of seven members. One member
shall be nominated by each City Commissioner from among the resident of
the zone, plus one At-large member nominated by the Mayor who may be a
resident of any City Commission zone. All board members shall be resident
of the City and qualified electors. In addition to those members that would
like to be reappointed, we have received additional applications from: Susan
Bussinger (Zone 1), Meganne Sarau (Zone 2), Ted Hordecky (Zone 3),
Milverton Robinson and Philip Reed (Zone 5).

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.