Items 1 - 3

1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.

Item 4

APPROVAL OF MINUTES.
4A. Approval of Minutes
Approval of the minutes of the February 4, 2015 Signs Workshop, the March 18, 2015
Regular City Commission 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 6A

CITIZENS.
6A. PUBLIC COMMENT 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).
7A.Budget Amendment (pp. 11-17)
Resolution amending Resolution 14-343 which adopted the 2014-2015 budget, in order
to increase revenues by $7,191,450 and capital expenditures and transfers by
$1,043,679; authorizing the Budget Officer to maintain currently accepted grant budgets;
and accepting the certification of the Police Chief in accordance with Florida Statutes §
932.7055(5)(b).
Recommendation: Budget Officer recommends adoption of the Resolution.
7B. Friends of the Bandshell - Oceanfront Bandshell License Agreement - Amendment (pp.
18-33)
Resolution approving an amendment to the license agreement (Resolution 14-82) with
Friends of the Bandshell (FOB) to extend the term of the agreement by two years,
extending the Summer Concert Series season by adding the first two Saturdays after
Labor Day, and clarifying each party’s responsibilities. FOB uses the Bandshell to host
free live musical performances for a period generally beginning on Memorial Day and
ending on Labor Day.
Recommendation: Redevelopment Director recommends adoption of the
Resolution.
7C.Utilities Department - Change Order No. 1 - Lift Station 2 and Infrastructure
Improvements Project - Contract 0314-0210 (pp. 34-46)
Resolution approving Change Order No. 1 to Contract No. 0314-0210 for Lift Station 2
and Infrastructure Improvements with 4C’s Trucking & Excavation, Inc., 331 Sawgrass
Road, Bunnell, FL, 32110, in the amount of $132,461.52; adjusting the contract price to
$567,142.92; extending the contract time by 130 calendar days; and authorizing the City
Manager and City Clerk to execute the Change Order. Funds are available in the Water
and Sewer Improvement Fund.
Recommendation: Interim Utilities Director recommends adoption of the
Resolution.
7D.Pubic Works Department - Backhoe Loader - Emergency Purchase (pp. 47-59)
Resolution approving the emergency purchase of one Caterpillar 430F Backhoe Loader
from Ring Power Corporation, 401 N. Tomoka Farms Road, Daytona Beach, FL 32124,
in the amount of $102,066, utilizing Florida Sheriffs Association Cooperative Bid
Award #14-12-0904, to replace a 1998 backhoe for the Streets Division which became
inoperable. The City was able to save $15,000 off the purchase cost of $117,066 with the
trade-in of the old machine. Funds available in the Capital Projects Fund.
Recommendation: Interim Public Works Director recommends adoption of the
Resolution.
7E. Allocation of Bike Week Sponsorship Funds (pp. 60-61)
Resolution authorizing payment in the amount of :
$100 to the Early Learning Coalition of Flagler and Volusia Counties, Inc. for their
2nd Annual Duck Race from the Bike Week Sponsorship Fund of Mayor Derrick
Henry.
Recommendation: Chief Financial Officer recommends adoption of the
Resolution.

Item 8A

P & S Paving - Large Scale Comprehensive Plan Amendment (pp. 62-99)
Ordinance on second reading - PUBLIC HEARING - approval of a Large Scale
Comprehensive Plan Amendment (LSCPA) changing the Future Land Use Map (FLUM)
designation from Volusia County Low Impact Urban (LIU) to Daytona Beach General
Industrial for 11.1± acres of land located at 3701 Olson Drive to continue a commercial
asphalt plant. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Tim
Phillips, P & S Paving, Inc.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Ordinance.

Item 8B

P & S Paving Planned Development General (PD-G) - Rezoning (pp. 100-133)
Ordinance on second reading - PUBLIC HEARING - approving a request to rezone
30.7± acres of land located at 3701 Olson Drive from Volusia County Industrial Planned
Unit Development (IPUD) and Heavy Industry (M-5) to Planned Development General
(PD-G) to allow for the continued operation of an existing asphalt plant and authorizing
the Mayor to execute the PD Agreement. Applicant: Robert A. Merrell III, Esq., Cobb
Cole, on behalf of P&S Paving, Inc.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Ordinance.

Item 8C

Land Development Code Text Amendment - Midtown Redevelopment District Use
Tables (pp. 134-172)
Ordinance on first reading - PUBLIC HEARING - to amend the Land Development
Code (LDC), Article 5: Use Standards, Section 5.2 Principal Uses, Subsection 5.2.A
Principal Use Tables 5.2.A.3 Principal Use Table for Redevelopment Districts.
Applicant: Development and Administrative Services Department, Redevelopment
Division.
Reed Berger, Redevelopment Director, to report.
Recommendation: Midtown Redevelopment Board recommended approval 9-to-0.
Planning Board recommended approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, April 15

Item 8D

Midtown Master Plan - Rezoning (pp. 173-217) Ordinance on first reading - PUBLIC HEARING - approving a request to rezone
598.82± acres located generally in the area bounded by the F.E.C. Railroad on the east,
George W. Engram Boulevard on the north, Nova Road on the west, and Orange Avenue
on the south and extends south on Martin Luther King Boulevard to Shady Place to be
consistent with the adopted Midtown Master Plan/Redevelopment Plan. Applicant:
Development and Administrative Services Department, Redevelopment Division.
Reed Berger, Redevelopment Director, to report.
Recommendation: Midtown Redevelopment Board recommended approval 9-to-0.
Planning Board recommended approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, April 15.

Item 8E

Embry Riddle Aeronautical University - Comprehensive Sign Plan, First Amendment
(pp. 218-251)
Resolution - PUBLIC HEARING - approving a request to modify the approved
Comprehensive Sign Plan for Embry Riddle Aeronautical University. Applicant:
Duncan Ross, Prosser, Inc. on behalf of Embry Riddle Aeronautical University.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to adopt the Resolution

Item 8F

Semi-Public Use Permit - Miracle Media Studios (pp. 252-281)
Resolution - PUBLIC HEARING - approve a Semi-Public Use Permit located at 106 Ivy
Lane to allow a radio studio (broadcaster) in the RDD-1 (Beach Street Retail) zoning
district subject to the additional area currently proposed for the café (restaurant) use at
242 S. Beach St., Suite 100, shall be maintained as a permitted use in the RDD-1 zoning
district and a RDD-1 permitted use shall be reestablished within six months of any
discontinuance of the café use. Applicant: Colleen Miles, Land Development Resource
Group, LLC, on behalf of Patricia P. Miracle, General Manager, Miracle Media Group.
Reed Berger, Redevelopment Director, to report
Recommendations: Downtown Redevelopment Board recommends
approval 9-to-0.
Planning Board recommends approval 7-to-0.
Action: Motion to adopt the Resolution.

Item 9A

Halifax Humane Society, Planned Development - General (PD-G) - Rezoning, First
Amendment (pp. 282-332)
Ordinance on first reading – approving a request to rezone 3.1± acres of land located at
2364 West LPGA Boulevard to Planned Development – General (PD-G), amending the
existing Master Development Agreement for the Halifax Humane Society Planned
Commercial Development to add the 3.1± acres, expanding the boundaries to a total of
8.1± acres and authorizing the development of a dog park and adding retail sales and
service as an accessory use, and authorizing the Mayor to execute the First Amendment
to the Master Development Agreement. Applicant: Steven R. Buswell, P.E., Parker
Mynchenberg and Associates, Inc., and James Stowers, Esq., Wright, Casey & Stowers,
P.L., on behalf of Halifax Humane Society.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, April 15.

Item 9B

Exemption of Ad Valorem Tax for TopBuild Corporation/Masco Administrative
Services, Inc. (pp. 333-355) Ordinance on first reading - approving an exemption of ad valorem tax for a 10 year
period for TopBuild Corporation, a spin-off of Masco Administrative Services, Inc. and
formerly referenced as Project Speed II, to assist consolidation of some responsibilities
currently external to their operations. The exemption would be for a portion of the
assessed value of all improvements to real and tangible personal property to assist plans
to construct a new 75,000 sq. ft. corporate headquarters at 475 N. Williamson Boulevard
within the Aero-Park Brownfield Area. Over the period of exemption the company is
projected to generate $12,500,000 in new capital investment, retain 205 jobs at an
average wage of $71,088 and create 55 new jobs at an average annual wage of $83,667,
as well as, $4,601,685 in new cumulative payroll, and $205,235,151 in total cumulative
payroll. The Economic Development Advisory Board per the Updated Exemption
Guidelines recommended the following tax exemption schedule at its March 4, 2015
public meeting: 100% in years 1-3; 75% in years 4-5; 50% in years 6-9; and 25% in year
10. The cumulative value of the exemption is projected to be $366,649 per the Office of
the Volusia County Property Appraiser.
Emory Counts, Economic/Community Development Director, to report.
Recommendation: Economic/Community Development Director recommends
passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, April 15.

Item 9C

Trap, Neuter, and Return (TNR) Pilot Program Agreement - Revision (pp. 356-393)
Resolution amending Resolution No. 15-52 to approve a revised six-month pilot Trap,
Neuter, and Return (TNR) Agreement with Concerned Citizens for Animal Welfare
(CCFAW). Applicant: Development and Administrative Services Department, Planning
Division.
Rich Walton, Planning Director, to report.
Recommendation: Deputy City Manager/Administrative Services, recommends
adoption of the Resolution.
Action: Motion to adopt the Resolution.

Item 9D (Part 1 of 3)

Resolution of Support - Creating Standards for the Expansion of the Current Beach
Traffic-Free Zones (pp. 394-397)
Resolution encouraging the Volusia County Council to create standards which would
allow for the expansion of the current beach traffic-free zone to include the area from
University Boulevard on the north to Silver Beach Boulevard on the south. Such
standards should provide permanent alternative beach access and parking for specific
purpose of encouraging private investment, promoting beachside improvement, and
addressing the low property values, homeless population, and potential environmental,
density, and traffic intensity issues.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 9D (Part 2 of 3)

Resolution of Support - Creating Standards for the Expansion of the Current Beach
Traffic-Free Zones (pp. 394-397)
Resolution encouraging the Volusia County Council to create standards which would
allow for the expansion of the current beach traffic-free zone to include the area from
University Boulevard on the north to Silver Beach Boulevard on the south. Such
standards should provide permanent alternative beach access and parking for specific
purpose of encouraging private investment, promoting beachside improvement, and
addressing the low property values, homeless population, and potential environmental,
density, and traffic intensity issues.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 9D (Part 3 of 3)

Resolution of Support - Creating Standards for the Expansion of the Current Beach
Traffic-Free Zones (pp. 394-397)
Resolution encouraging the Volusia County Council to create standards which would
allow for the expansion of the current beach traffic-free zone to include the area from
University Boulevard on the north to Silver Beach Boulevard on the south. Such
standards should provide permanent alternative beach access and parking for specific
purpose of encouraging private investment, promoting beachside improvement, and
addressing the low property values, homeless population, and potential environmental,
density, and traffic intensity issues.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 9E

Beachside Redevelopment Board - Appointment (pp. 398-404)
Resolution appointing one (1) member to the Beachside Redevelopment Board
(Formerly the Main Street/South Atlantic Redevelopment Area Board). Article 2 §3 (b)
of the Land Development Code amended by Ordinance No.15-23 states that the board
shall consist of seven (7) members and a Planning Board member who shall serve as an
ex officio nonvoting member appointed by the City Commission. Members shall reside
or have their principal place of business in either the Main Street Redevelopment Area
(MSRA) or the South Atlantic Redevelopment Area (SARA). A majority of the board
members shall be residents of the City. We have an application from Theresa Cantrell
who qualifies as working for a business in the Main Street Redevelopment Area and also
as a Daytona Beach resident.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution

Items 10 & 11

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