Items 1 - 3

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

Item 4

Approval of Minutes
Approval of the minutes of the April 16, 2014 Strategic Planning/Budget Workshop and
the May 7, 2014 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 6

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

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.Utilities Department - Lift Station 3 Utility Easement Agreement - Acceptance (pp. 12-
25)
Resolution approving a Utility Easement Agreement granted by Embry-Riddle
Aeronautical University (ERAU) for a sanitary sewer pump station and forcemain
located at 600 S. Clyde Morris Boulevard. This item is critical to provide sewer service
for future growth and development of the Embry-Riddle Aeronautical University
(ERAU).
Recommendation: Interim Utilities Director recommends adoption of the
Resolution.
7B. Utilities Department - Lift Station 10 and Infrastructure Improvements Part C - Bid No.
0314-1250 - Low Bid Acceptance (pp. 26-43)
Resolution accepting the lowest responsive bid (Bid No. 0314-1250) of Hazen
Construction, LLC, 1599 Tionia Road, New Smyrna Beach, FL 32168, in the amount of
$3,122,804 for the construction of Lift Station 10 and Infrastructure Improvements Part
C. Part C consists of installing 8,700 linear feet of new 30-inch ductile iron wastewater
force main and 8,610 linear feet of 2” fiber optic conduit with pull boxes as part of the
city’s strategic plan to provide fiber optic communication to all city facilities. This item
is to construct a larger lift station and force main to accommodate increased wastewater
flows for current and future development along the ISB corridor. Funds are available in
the State Revolving Loan Fund.
Recommendation: Interim Utilities Director recommends adoption of
the Resolution.
7C.Public Works - Halifax Paving, Inc - Work Authorization No. 1 - Contract No. 2013-03
(pp. 44-55)
Resolution approving Work Authorization No. 1, in the amount of $459,535.10, with
Halifax Paving, Inc., 814 Hull Road, Ormond Beach, FL 32174 to mill & resurface
Beach Street from Bellevue Avenue to Wilder Boulevard, Business Pare Boulevard,
Concept Court, Cottrill Street, Jessamine Boulevard, Margaret Drive, and Phase 1 of
Martin Luther King (MLK) Boulevard enhancements consisting of the section of MLK
between Orange Avenue and Shady Place. Funds available in the Midtown
Redevelopment Fund and the Transportation 5Cent Gas Tax Fund.Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
7D.Allocation of Bike Week Sponsorship Funds (pp. 56-58)
Resolution authorizing payment from the General Fund in the amount of:
$250 to the Cultural Services Division for the Friday Night Bandshell Concerts from the
Bike Week Sponsorship Fund of Mayor Derrick Henry.
$250 to the Cultural Services Division for the Friday Night Bandshell Concerts from the
Bike Week Sponsorship Funds of Commissioner Patrick Henry.
$250 to Alpha Kappa Alpha, Gamma Mu Omega Daytona Beach for the Debutantes;
and $300 to Delta Sigma Theta Sorority for the Jabberwock from the Bike Week
Sponsorship Funds of Commissioner Paula Reed.
Recommendation: Chief Financial Officer recommends adoption of the
Resolution.

Item 8A

MidWest Transit, Inc. - Large Scale Comprehensive Plan Amendment (pp. 59-123)
Ordinance on second reading - PUBLIC HEARING - adopting Comprehensive Plan
Amendments previously transmitted to state and local jurisdictions amending the Future
Land Use Map (FLUM) designation from Level 1 Residential, Interchange Commercial
and Retail to Mixed Use for 156.15± acres of land generally located at the northwest
corner of US. 92/ West International Speedway Boulevard and N. Tomoka Farms Road
and amending Neighborhood Policy U, to add Issue (l) and an Equivalency Matrix &
Maximum Density/Intensity Table to regulate the maximum units of individual land uses
that can be allowed. Applicant: Robert A. Merrell, Esq., on behalf of MidWest Transit,
Inc.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 8-to-0.
Action: Motion to adopt the Ordinance.

Item 8B

MidWest Transit, Inc. - Planned Master Development, Rezoning (pp. 124-186)
Ordinance on second reading - PUBLIC HEARING - approving a request to rezone
226.10± acres of land located at the northwest corner of West International Speedway
Boulevard and North Tomoka Farms Road, from AG (Agriculture) to PMD (Planned
Master Development) for construction of a mixed-use development that includes a
variety of uses and authorizing the Mayor to execute the Planned Master Development
Agreement. Applicant: Robert A. Merrell III, Esq., on behalf of C. Michael Witters,
MidWest Transit, Inc.
Richard Walton, Planning director, to report
Recommendation: Planning Board recommends approval 10-to-0.

Item 8C

Public Use - 638 Madison Avenue (pp. 187-199)
Resolution - PUBLIC HEARING - approving a Public Use for the Code Enforcement
Headquarters located at 638 Madison Avenue. This administrative request along with
Land Development Code waivers, will allow construction of a 6' chain link fence for the
purpose of securing the Code Enforcement Office and lift station from further
vandalism. Applicant: Development and Administrative Services Department, Planning
Division.
Richard Walton, Planning Director, to report
Recommendation: Deputy City Manager/Administrative Services
recommends adoption of the Resolution.
Action: Motion to pass Resolution.

Items 9A & 9B

9A.Announcement - Public Comment Period for Edward Byrne Memorial Justice Local
Grant Assistance (JAG) Program (pp. 200-212)
As part of the requirement for the U. S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance, FY 2014 Edward Byrne Memorial Justice
Assistance Grant (JAG) Local Solicitation there is a 30-day public comment/governing
body review period May 21, 2014 through June 21, 2014. Public comments must be
addressed in writing and submitted to the Police Department's Grants Specialist. This
grant is used for the Juvenile Electronic Monitoring (JEM) Program. No additional
action is required by the City Commission.
9B. Code of Ordinances Amendment- Occupational License Terminology Change (pp. 213-
248)
Ordinance on first reading - amending Article V of Chapter 90 of the City Code of
Ordinances replacing all references to “Occupational License,” “Occupation License
Tax,” and similar terms with “Local Business Tax Receipt,” “Local Business Tax,” and
similar terms to provide consistency between the City Code and Florida State Statues,
Chapter 205.
Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
passing the Ordinance on first reading.
Action: Motion to pass the Ordinance.
Note: If passed, Public Hearing, June 18.

Item 9C

Code of Ordinances Amendment - Pedi-cab Operator Permits (pp. 249-259)
Ordinance on first reading – amending article V of Chapter 102, City Code, relation to
Pedicabs for Hire; amending Section 102-201, Definitions, to add definition for Pedicab
Operator’s Permit; establishing additional operational requirements for Pedicab
Operators; providing for Pedicab Operator Permit Application and Review, Permit
duration and additional conditions, and suspension and termination of such permits.
These amendments would include requiring individual Pedicab operator permits and
establishing conditions, including criminal background checks, associated with those
permits. The new requirements are modeled after existing provisions in Division 2 of
Article III of Chapter 102 of the Code, which requires driver permits and establishes
related conditions for commercial taxicab drivers.
Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, June 18.

Item 9D

Midtown Master Plan - Large Scale Comprehensive Plan Amendment (pp. 260-345)
Ordinance on first reading - adopting Comprehensive Plan Amendments previously
transmitted to state and local jurisdictions; amending the Future Land Use Map (FLUM)
for certain parcels along major corridors in the Midtown Redevelopment Area; and
amending policies in the Redevelopment Element of the City's Comprehensive Plan to
be consistent with the adopted Midtown Master Plan/Redevelopment Plan. The
Midtown Redevelopment Area is 598.82 acres and is 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. The Midtown
Redevelopment Area also extends south on Martin Luther King Boulevard to Shady
Place.
Reed Berger, Redevelopment Director, to report.
Recommendation: Redevelopment Director recommends passing the Ordinance
on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, June 18.

Item 9E

Bayberry Cove - Residential Planned Unit Development, Rezoning (pp. 346-362)
Ordinance on first reading - approving a request to rezone 7+ acres of real property
located on International Tennis Drive from Volusia County A-2 (Rural Agriculture) to
City of Daytona Beach RPUD - Residential Planned Unit Development; amending the
Bayberry Cove Residential Planned Unit Development Agreement to incorporate the
parcel being rezoned into the RPUD; and extending the expiration date of the Agreement
by an additional five years. Applicant: Robert A. Merrell III, Esq., on behalf of Jeff
Robbins, Golden Arrow West LLC.
Richard Walton, Planning Director, to report
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to pass the Ordinance on first reading
Note: If passed, Public Hearing June 18.

Item 9F

Gateway Daytona (Blue Water) - Planned Commercial Development, (pp.363-392)
Ordinance on first reading - approving a request to amend the Planned Commercial
Development Agreement for property located on the north side of East International
Speedway Blvd. between Halifax Avenue and the Halifax River, for the purpose of
extending development deadlines.
Reed Berger, Redevelopment Director, to report
Recommendation: Main Street/South Atlantic Redevelopment Area Board
recommends approval 8-to-0.
Planning Board recommended approval 9-to-0.
Action: Motion to pass the Ordinance on first reading
Note: If passed, Public Hearing, June 18.

Item 9G

First United Methodist Church - Planned Master Development (pp. 393-407)
Ordinance on first reading - approving a request to amend the existing Planned Master
Development Agreement for property located west of North Williamson Blvd. and north
of Strickland Range Road, extending the expiration date of the PD Agreement by an
additional five years and adding a multifamily use to the list of permitted uses beginning
in 2020. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Gray King,
First United Methodist Church of Ormond Beach, Inc.
Richard Walton, Planning Director, to report
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to pass the Ordinance on first reading
Note: If passed, Public Hearing on June, 18.

Item 9H

Nova Oaks Business Park-Planned Commercial Development, Rezoning (pp. 408-429)
Ordinance on first reading - approving a request to rezone 7.0± acres of land located at
840 S. Nova Road from M-4 – Industrial Park and PCD; approving the Nova Oaks
Business Park Planned Commercial Development Agreement, amending and restating
the Nour Planned Commercial Development Agreement, incorporating the parcel being
rezoned into the existing PCD, and providing a development plan. Applicant: Joseph
Hopkins, P.E., The Performance Group, on behalf of George Nour.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 8-to-0.
Action: Motion to pass Ordinance on first reading
Note: If passed, Public Hearing, June 18.

Item 9I

Downtown Development Authority - Downtown City Facilities - Events Agreement (pp.
430-447)
Resolution approving an agreement with the Daytona Beach Downtown Development
Authority (DDA), a Florida Special Taxing District, 301 S. Ridgewood Ave., Daytona
Beach, FL 32114, for the use of Downtown city facilities for an annual series of events,
for a three-year term to use Riverfront Park (Orange Avenue to the News Journal
Center), Beach Street (Orange Avenue to Bay Street), City Island - Field Area, and
Manatee Island at set times during the year for the annual schedule of events. The DDA
does have the option to revise the schedule to add events during the year.
Reed Berger, Redevelopment Director, to report.
Recommendation: Redevelopment Director recommends adoption of the
Resolution.
Action: Motion to adopt the Resolution.

Item 9J

K B Home Jacksonville, LLC - Contract for Plat Recording for Tuscany Woods Phase 2
(pp. 448-458)
Resolution approving a revised Contract for Plat Recording for Tuscany Woods Phase 2
Final Plat, a 37.11± acres of land located north of Flomich Avenue Extension and east of
Clyde Morris Boulevard. The Tuscany Woods Phase 2 Final Plat was approved by
Resolution No. 13-171. The property was sold to KB Home Jacksonville, LLC, and they
have submitted a new Contract for Plat Recording.
Ron McLemore, Deputy City Manager/Operations to report.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
Action: Motion to adopt the Resolution.

Item 9K

Plaza Naming **Addendum added 05-30-14**
Resolution approving the naming of the plaza at the Daytona Beach Bandshell to “Glenn
S. Ritchey Plaza” located at Ocean Front Park Complex. Applicant: Commissioner
Kelly White.
Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
Action: Motion to adopt the Resolution.

Items 9L - 11

9L. Public Works – River to Sea Transportation Planning Organization – Interlocal
Agreement – Approval **Addendum added 05-30-14**
Resolution approving an Interlocal Agreement with the Transportation Planning
Organization (TPO) creating the newly expanded and reapportioned River to Sea
Transportation Planning Organization (R2CTPO); and authorizing Commissioner Robert
Gilliland, The City of Daytona Beach’s representative on the Volusia County
Transportation Planning Organization, to sign on behalf of the City Commission. On
March 14, 2014 the Governor authorized the creation of the R2CTPO which expanded
the Volusia County TPO to include the Palm Coast area of Flagler County.
Ron McLemore, Deputy City Manager/Operations, to report.
Recommendation: Deputy City Manager/Operation recommends adoption of
the Resolution.
Action: Motion to adopt the Resolution.
10. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.
11. ADJOURNMENT.