March 7, 2012 Regular City Commission Meetings
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Items 1 - 3 - 1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
Items 1 - 3
1. Roll Call.2. Invocation.
3. Pledge of Allegiance to the Flag.
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Items 4 & 5 - Approval of Minutes.
4A. Approval of Minutes
Approval of the minutes of the January 23, 2012, Strategic Planning Workshop and the February 15, 2012 Regular City Commission Meeting, held at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
5. Agenda Approval.
Items 4 & 5
Approval of Minutes.4A. Approval of Minutes
Approval of the minutes of the January 23, 2012, Strategic Planning Workshop and the February 15, 2012 Regular City Commission Meeting, held at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
5. Agenda Approval.
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Item 7 - Consent Agenda Items 7A - 7B, 7D - 7F, & 7H - 7L
Item 7
Consent Agenda Items 7A - 7B, 7D - 7F, & 7H - 7L»
Item 6 - Presentation.
6A. Presentation of Comprehensive Annual Financial Report (pp. 11-13)
In accordance with section 218.39, Florida Statutes, the City’s external auditor, Moore Stephens Lovelace, P.A., has completed their audit of the City’s financial records for the fiscal year ending September 30, 2011. A Comprehensive Annual Financial Report (CAFR) has been completed by the Finance Department and an “unqualified opinion” has been issued by Moore Stephens Lovelace, P.A. Moore Stephens Lovelace, P.A. is prepared to present their findings to the City Commission.
Item 6
Presentation.6A. Presentation of Comprehensive Annual Financial Report (pp. 11-13)
In accordance with section 218.39, Florida Statutes, the City’s external auditor, Moore Stephens Lovelace, P.A., has completed their audit of the City’s financial records for the fiscal year ending September 30, 2011. A Comprehensive Annual Financial Report (CAFR) has been completed by the Finance Department and an “unqualified opinion” has been issued by Moore Stephens Lovelace, P.A. Moore Stephens Lovelace, P.A. is prepared to present their findings to the City Commission.
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Item 8C - Public Hearings.
8C. Large Scale Comprehensive Plan Amendment – Tarragona Shoppes (pp. 228-255)
Resolution - PUBLIC HEARING - authorizing transmittal of Large Scale Comprehensive Plan Amendments (LSCPA) to state agencies and local jurisdictions for review and comments prior to final adoption. The amendments includes a map amendment changing the Future Land Use Map designation from Office Transition to Low Intensity Commercial for 2.47± acres of land located at 1173 International Speedway Boulevard (ISB); and amending issues and policies to Neighborhood “M” of the Future Land Use Element in the Comprehensive Plan, to allow commercial development along the south side of West International Speedway Boulevard, between Nova Road and Clyde Morris Boulevard. Applicant: Paul F. Holub Jr., on behalf of Speedway Investors, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommended denial 7-to-2.
Action: Motion to adopt the Resolution. (Must be approved by a super majority vote of the City Commission)
Item 8C
Public Hearings.8C. Large Scale Comprehensive Plan Amendment – Tarragona Shoppes (pp. 228-255)
Resolution - PUBLIC HEARING - authorizing transmittal of Large Scale Comprehensive Plan Amendments (LSCPA) to state agencies and local jurisdictions for review and comments prior to final adoption. The amendments includes a map amendment changing the Future Land Use Map designation from Office Transition to Low Intensity Commercial for 2.47± acres of land located at 1173 International Speedway Boulevard (ISB); and amending issues and policies to Neighborhood “M” of the Future Land Use Element in the Comprehensive Plan, to allow commercial development along the south side of West International Speedway Boulevard, between Nova Road and Clyde Morris Boulevard. Applicant: Paul F. Holub Jr., on behalf of Speedway Investors, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommended denial 7-to-2.
Action: Motion to adopt the Resolution. (Must be approved by a super majority vote of the City Commission)
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Items 8A & 8B - Public Hearings.
8A. Special Use Permit - Our Lady of Lourdes, Italian Festival (pp. 192-212)
Resolution – PUBLIC HEARING - approving a Special Use Permit to operate a carnival on the church grounds of Our Lady of Lourdes Church, located at 201 University Boulevard, from Thursday, April 19 to Sunday, April 22, 2012, and Thursday, April 11 to Sunday, April 14, 2013. The church is currently zoned R1-A (Single-family residential) and is surrounded on all sides by single-family zoning. The carnival is to be located in an open area north of the church and fronting on Halifax Avenue. The church has operated similar carnivals in the past and the layout of the rides and exhibits will remain as in previous years. The arrangements for rides and parking will be the same as last year. Applicant: Joseph Hopkins, P.E., on behalf of Our Lady of Lourdes Church.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Resolution.
8B. Large Scale Comprehensive Plan Amendment – Citywide Social Service Uses (pp. 213-227)
Resolution - PUBLIC HEARING - authorizing transmittal of Large Scale Comprehensive Plan Amendments (LSCPA) to state agencies and local jurisdictions for review and comments prior to final adoption. The amendment adds a Goal, an Objective and Policies to the Future Land Use Element in the Comprehensive Plan to encourage equalization of the City’s over-population of social service providers to under served areas in the County. Applicant: Development and Administrative Services Department, Planning Division.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Resolution.
Items 8A & 8B
Public Hearings. 8A. Special Use Permit - Our Lady of Lourdes, Italian Festival (pp. 192-212)
Resolution – PUBLIC HEARING - approving a Special Use Permit to operate a carnival on the church grounds of Our Lady of Lourdes Church, located at 201 University Boulevard, from Thursday, April 19 to Sunday, April 22, 2012, and Thursday, April 11 to Sunday, April 14, 2013. The church is currently zoned R1-A (Single-family residential) and is surrounded on all sides by single-family zoning. The carnival is to be located in an open area north of the church and fronting on Halifax Avenue. The church has operated similar carnivals in the past and the layout of the rides and exhibits will remain as in previous years. The arrangements for rides and parking will be the same as last year. Applicant: Joseph Hopkins, P.E., on behalf of Our Lady of Lourdes Church.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Resolution.
8B. Large Scale Comprehensive Plan Amendment – Citywide Social Service Uses (pp. 213-227)
Resolution - PUBLIC HEARING - authorizing transmittal of Large Scale Comprehensive Plan Amendments (LSCPA) to state agencies and local jurisdictions for review and comments prior to final adoption. The amendment adds a Goal, an Objective and Policies to the Future Land Use Element in the Comprehensive Plan to encourage equalization of the City’s over-population of social service providers to under served areas in the County. Applicant: Development and Administrative Services Department, Planning Division.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Resolution.
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Item 8D - Public Hearing.
8D. Calling for Special Election - August 14, 2012 (if required) and November 6, 2012 **Addenda added 03-05-12**
An Emergency Ordinance - PUBLIC HEARING - calling a Special Municipal Election, Tuesday, August 14, 2012 (Primary, if required) and November 6, 2012 (General) for the vacated seat of the Commissioner of Zone 1 and calling a special City Commission meeting to declare the results. Commissioner Edith Shelley has submitted a letter of resignation effective November 14, 2012. Article IV, Section 9, City Charter states in the event a vacancy in any such office occurs more than twelve (12) months prior to any regular election to be held in The City of Daytona Beach, the city commission shall call a special election in accordance with the election laws of The City of Daytona Beach, for the purpose of filling said vacancy for a term ending in accordance with the schedule in Section 8, Sub-Pt. A, City Charter. The candidates for such vacant office shall possess the requisite qualifications for said office as set forth in this Charter.
Jennifer L. Thomas, City Clerk, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Ordinance.
Item 8D
Public Hearing.8D. Calling for Special Election - August 14, 2012 (if required) and November 6, 2012 **Addenda added 03-05-12**
An Emergency Ordinance - PUBLIC HEARING - calling a Special Municipal Election, Tuesday, August 14, 2012 (Primary, if required) and November 6, 2012 (General) for the vacated seat of the Commissioner of Zone 1 and calling a special City Commission meeting to declare the results. Commissioner Edith Shelley has submitted a letter of resignation effective November 14, 2012. Article IV, Section 9, City Charter states in the event a vacancy in any such office occurs more than twelve (12) months prior to any regular election to be held in The City of Daytona Beach, the city commission shall call a special election in accordance with the election laws of The City of Daytona Beach, for the purpose of filling said vacancy for a term ending in accordance with the schedule in Section 8, Sub-Pt. A, City Charter. The candidates for such vacant office shall possess the requisite qualifications for said office as set forth in this Charter.
Jennifer L. Thomas, City Clerk, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Ordinance.
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Item 9A - Administrative Items.
9A. Budget Amendment (pp. 256-276)
Ordinance on first reading - amending Ordinance No. 11-218, which adopted the 2011-2012 budget, in order to increase revenues by $1,329,165; and decrease expenditures by $5,367,346 and increase transfers and capital expenditures by $4,765,626.
Kathie Eichinger, Interim Chief Financial Officer, to report.
Recommendation: Interim Chief Financial recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, March 21.
Item 9A
Administrative Items.9A. Budget Amendment (pp. 256-276)
Ordinance on first reading - amending Ordinance No. 11-218, which adopted the 2011-2012 budget, in order to increase revenues by $1,329,165; and decrease expenditures by $5,367,346 and increase transfers and capital expenditures by $4,765,626.
Kathie Eichinger, Interim Chief Financial Officer, to report.
Recommendation: Interim Chief Financial recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, March 21.
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Item 9B - Administrative Items.
9B. General Obligation Bonds Series 2004 - Refunding (pp. 277-279)
Ordinance on first reading - approving a General Obligation Bonds Series 2004 Refunding. Pursuant to Ordinance 04-67 the General Obligation Bonds Series 2004 were issued in September 2004 for the purpose of building the new police station. Due to the favorable interest rates currently available in the financial markets the City’s financial advisor, Public Financial Management (PFM), has recommended the advanced refunding of these bonds. Based on the amount currently
outstanding of $19,315,000 and current market interest rates, PFM estimates the City will save approximately $45,000 in annual debt service cost and $560,000 over the life of the bonds. The bonds are secured by a pledge of the full faith, credit and unlimited ad valorem taxing power of the City of Daytona Beach.
Kathie Eichinger, Interim Chief Financial Officer, to report.
Recommendation: Interim Chief Financial Officer recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, March 21.
Item 9B
Administrative Items. 9B. General Obligation Bonds Series 2004 - Refunding (pp. 277-279)
Ordinance on first reading - approving a General Obligation Bonds Series 2004 Refunding. Pursuant to Ordinance 04-67 the General Obligation Bonds Series 2004 were issued in September 2004 for the purpose of building the new police station. Due to the favorable interest rates currently available in the financial markets the City’s financial advisor, Public Financial Management (PFM), has recommended the advanced refunding of these bonds. Based on the amount currently
outstanding of $19,315,000 and current market interest rates, PFM estimates the City will save approximately $45,000 in annual debt service cost and $560,000 over the life of the bonds. The bonds are secured by a pledge of the full faith, credit and unlimited ad valorem taxing power of the City of Daytona Beach.
Kathie Eichinger, Interim Chief Financial Officer, to report.
Recommendation: Interim Chief Financial Officer recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, March 21.
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Item 9C - 9E - 9C. Rezoning - Planned Master Development Amendment – Embry-Riddle Aeronautical University Technology Park, Tree Preservation (pp. 280-309)
Ordinance on first reading - rezoning 77.57± acres of land located on the east side of South Clyde Morris Boulevard, north of Beville Road and south of Bellevue Avenue, amending the existing Planned Master Development (PMD) to modify the tree preservation and mitigation requirements. Applicant: Christopher Challis, Esq., Cobb Cole, on behalf of Eric Weeks, Senior Executive Vice President, Embry-Riddle Aeronautical University.
Administrative Items.
9D. Rezoning - Planned Commercial Development - Teledyne - ODI Inc. (pp. 310-392)
Ordinance on first reading - rezoning 12.48± acres of land located on the west side of North Williamson Boulevard, north of Dunn Avenue and south of Mason Avenue, from R-2a Multifamily to Planned Commercial Development (PCD); to allow for the development of a 52,500 square foot building and associated improvements; and to allow for an industrial manufacturing use on the site. Applicant: Joseph Hopkins, P.E., The Performance Group, Inc., on behalf of Laverne B. Fisher, Teledyne – ODI Inc.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to pass the Ordnance on first reading.
Note: If passed, Public Hearing, March 21.
9E. Volusia Transportation Planning Organization (TPO)- Bicycle Pedestrian Advisory Board (BPAC) – Appointment Recommendation **Addendum Item added 03-02-12**
Resolution recommending the appointment of one member to the Volusia Transportation Planning Organization’s (TPO) Bicycle Pedestrian Advisory Board Subcommittee (BPAC). The City’s former representative on the BPAC has moved to another city, creating an opening for a new member. TPO bylaws require any recommendations for this committee come from the City’s TPO board representative which is Commissioner Robert Gilliland. Commissioner Gilliland recommends Holly Idler, who is a member of the Mayor’s Alliance for Persons with Disabilities, be appointed as the City’s representative to the BPAC.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution.
Item 9C - 9E
9C. Rezoning - Planned Master Development Amendment – Embry-Riddle Aeronautical University Technology Park, Tree Preservation (pp. 280-309)Ordinance on first reading - rezoning 77.57± acres of land located on the east side of South Clyde Morris Boulevard, north of Beville Road and south of Bellevue Avenue, amending the existing Planned Master Development (PMD) to modify the tree preservation and mitigation requirements. Applicant: Christopher Challis, Esq., Cobb Cole, on behalf of Eric Weeks, Senior Executive Vice President, Embry-Riddle Aeronautical University.
Administrative Items.
9D. Rezoning - Planned Commercial Development - Teledyne - ODI Inc. (pp. 310-392)
Ordinance on first reading - rezoning 12.48± acres of land located on the west side of North Williamson Boulevard, north of Dunn Avenue and south of Mason Avenue, from R-2a Multifamily to Planned Commercial Development (PCD); to allow for the development of a 52,500 square foot building and associated improvements; and to allow for an industrial manufacturing use on the site. Applicant: Joseph Hopkins, P.E., The Performance Group, Inc., on behalf of Laverne B. Fisher, Teledyne – ODI Inc.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to pass the Ordnance on first reading.
Note: If passed, Public Hearing, March 21.
9E. Volusia Transportation Planning Organization (TPO)- Bicycle Pedestrian Advisory Board (BPAC) – Appointment Recommendation **Addendum Item added 03-02-12**
Resolution recommending the appointment of one member to the Volusia Transportation Planning Organization’s (TPO) Bicycle Pedestrian Advisory Board Subcommittee (BPAC). The City’s former representative on the BPAC has moved to another city, creating an opening for a new member. TPO bylaws require any recommendations for this committee come from the City’s TPO board representative which is Commissioner Robert Gilliland. Commissioner Gilliland recommends Holly Idler, who is a member of the Mayor’s Alliance for Persons with Disabilities, be appointed as the City’s representative to the BPAC.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution.
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Items 7C & 7G - 7C. Legal Representation – Payment Approval (pp. 32-39)
Resolution authorizing payment, in the amount of $2,325, to Noah C. McKinnon, Jr. Esquire, 595 West Granada Boulevard, Ormond Beach, Florida, 32174, for legal representation and advice in the case of Donald Kane v. James Chisholm, John Clary, Ron McLemore, Marie Hartman and The City of Daytona Beach. Section 5 of the City Manager’s employment agreement provides that the City will defend and indemnify him against any legal action arising out of his employment not involving willful or wanton conduct. Funds available in the General Fund.
Recommendation: City Manager recommends adoption of the Resolution.
7G. Daytona Beach Pier - Construction Management at Risk Services Contract - Amendment Approval (pp. 71-127)
Resolution approving Amendment No. 3 to the existing Construction Management at Risk Services Contract No. 0910-1200 with Hall Construction Company, Inc., 902 South Nova Road, Daytona Beach, FL 32114, for the installation of walkway lighting and to renovate the Sky Needle, in the amount of $346,169. Funds available in the Main Street Redevelopment Fund.
Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.
Items 7C & 7G
7C. Legal Representation – Payment Approval (pp. 32-39)Resolution authorizing payment, in the amount of $2,325, to Noah C. McKinnon, Jr. Esquire, 595 West Granada Boulevard, Ormond Beach, Florida, 32174, for legal representation and advice in the case of Donald Kane v. James Chisholm, John Clary, Ron McLemore, Marie Hartman and The City of Daytona Beach. Section 5 of the City Manager’s employment agreement provides that the City will defend and indemnify him against any legal action arising out of his employment not involving willful or wanton conduct. Funds available in the General Fund.
Recommendation: City Manager recommends adoption of the Resolution.
7G. Daytona Beach Pier - Construction Management at Risk Services Contract - Amendment Approval (pp. 71-127)
Resolution approving Amendment No. 3 to the existing Construction Management at Risk Services Contract No. 0910-1200 with Hall Construction Company, Inc., 902 South Nova Road, Daytona Beach, FL 32114, for the installation of walkway lighting and to renovate the Sky Needle, in the amount of $346,169. Funds available in the Main Street Redevelopment Fund.
Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.
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Items 10 - 12 - Citizens.
10A. PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.
11. Comments and inquiries from the City Commission - City Manager and City Attorney report.
12. Adjournment.
Items 10 - 12
Citizens.10A. PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.
11. Comments and inquiries from the City Commission - City Manager and City Attorney report.
12. Adjournment.
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