July 3, 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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Item 4 - Approval of Minutes
Approval of the minutes of the June 20, 2012 Regular City Commission Meeting, held
in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona
Beach, Florida.
Item 4
Approval of MinutesApproval of the minutes of the June 20, 2012 Regular City Commission Meeting, held
in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona
Beach, Florida.
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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. (CITIZENS WITH CONCERNS
SHOULD ADDRESS THOSE CONCERNS TO A MEMBER OF THE CITY COMMISSION OR
STAFF).
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. (CITIZENS WITH CONCERNS
SHOULD ADDRESS THOSE CONCERNS TO A MEMBER OF THE CITY COMMISSION OR
STAFF).
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Consent Agenda - Consent Agenda:
Items 6A-6C, 6E & 6F
Consent Agenda
Consent Agenda:Items 6A-6C, 6E & 6F
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Item 7A - Land Development Code Text Amendment – Internet Cafés (pp. 91-113)
Ordinance on first reading – PUBLIC HEARING - amending the Land Development
Code (LDC), Article 2 (Definitions), Section 3 (Use Designations) and Article 13
(Industrial Districts), Section 2 (Industrial Districts Use Schedule) of the Land
Development Code (LDC), to define the use Internet Sweepstakes and to permit the use
in the M-5 Industrial Zoning District. Applicant: Development and Administrative
Services, Planning Division.
Item 7A
Land Development Code Text Amendment – Internet Cafés (pp. 91-113)Ordinance on first reading – PUBLIC HEARING - amending the Land Development
Code (LDC), Article 2 (Definitions), Section 3 (Use Designations) and Article 13
(Industrial Districts), Section 2 (Industrial Districts Use Schedule) of the Land
Development Code (LDC), to define the use Internet Sweepstakes and to permit the use
in the M-5 Industrial Zoning District. Applicant: Development and Administrative
Services, Planning Division.
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Item 7B - Land Development Code Text Amendment – Allowing Hotels in Downtown
Redevelopment Area (pp. 114-131)
Ordinance on first reading – PUBLIC HEARING - amending the Land Development
Code (LDC), Article 12 (Redevelopment Areas and Districts), Section 3
(Redevelopment Districts Use Schedules), to allow hotels as a permitted use in the
RDD-1 and RDD-2 zoning districts. Applicant: Development and Administrative
Services Division, Redevelopment Division.
Item 7B
Land Development Code Text Amendment – Allowing Hotels in DowntownRedevelopment Area (pp. 114-131)
Ordinance on first reading – PUBLIC HEARING - amending the Land Development
Code (LDC), Article 12 (Redevelopment Areas and Districts), Section 3
(Redevelopment Districts Use Schedules), to allow hotels as a permitted use in the
RDD-1 and RDD-2 zoning districts. Applicant: Development and Administrative
Services Division, Redevelopment Division.
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Item 7C - Land Development Code Text Amendment – Prohibited Uses in the Midtown
Redevelopment Area (pp. 132-185) **Additional Exhibit added 06-29-12**
Ordinance on first reading – PUBLIC HEARING - amending the Land Development
Code (LDC), Article 12 (Redevelopment Areas and Districts, to prohibit car washes,
vehicular service (light and heavy), sales and rental of vehicles (light, heavy and
recreational) and auto supply stores in the Midtown Redevelopment Area. Applicant:
Development and Administrative Services, Redevelopment Division.
Item 7C
Land Development Code Text Amendment – Prohibited Uses in the MidtownRedevelopment Area (pp. 132-185) **Additional Exhibit added 06-29-12**
Ordinance on first reading – PUBLIC HEARING - amending the Land Development
Code (LDC), Article 12 (Redevelopment Areas and Districts, to prohibit car washes,
vehicular service (light and heavy), sales and rental of vehicles (light, heavy and
recreational) and auto supply stores in the Midtown Redevelopment Area. Applicant:
Development and Administrative Services, Redevelopment Division.
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Item 8A - Utility System Revenue Bonds Series 2002 Refunding (pp. 186-191)
Ordinance on first reading - authorizing the borrowing of money and the issuance of
debt in an amount not to exceed $55,000,000 for the purpose of refinancing all or
portions of the City's outstanding Utility System Refunding Revenue Bonds, Series
2002A, Series 2002B, Series 2002C, and Series 2002D; and acquiring, constructing, and
equipping certain capital improvements to the utility system including certain data
processing infrastructure. Pursuant to Ordinance 02-176 the Utility System Revenue
Bonds Series A, B, C and D were issued in May 2002 in the amount of $60,205,000 for
the purpose of refunding several previous bonds and loans issued for utility system
projects. Due to the favorable interest rates currently available in the financial markets
the City’s financial advisor, Public Financial Management (PFM), has recommended
the refunding of these bonds. In addition the City will issue an additional $9 million of
bonds for the purpose of financing the automated meter reading system and it’s
associated data processing infrastructure. Based on the amount currently outstanding of
$45,690,000 plus $9,000,000 new borrowing and current market interest rates, PFM
estimates the City will experience a minimum of $1.1 million present value savings in
annual debt service cost over the life of the bonds. The bonds are secured by utility
system revenues.
Item 8A
Utility System Revenue Bonds Series 2002 Refunding (pp. 186-191)Ordinance on first reading - authorizing the borrowing of money and the issuance of
debt in an amount not to exceed $55,000,000 for the purpose of refinancing all or
portions of the City's outstanding Utility System Refunding Revenue Bonds, Series
2002A, Series 2002B, Series 2002C, and Series 2002D; and acquiring, constructing, and
equipping certain capital improvements to the utility system including certain data
processing infrastructure. Pursuant to Ordinance 02-176 the Utility System Revenue
Bonds Series A, B, C and D were issued in May 2002 in the amount of $60,205,000 for
the purpose of refunding several previous bonds and loans issued for utility system
projects. Due to the favorable interest rates currently available in the financial markets
the City’s financial advisor, Public Financial Management (PFM), has recommended
the refunding of these bonds. In addition the City will issue an additional $9 million of
bonds for the purpose of financing the automated meter reading system and it’s
associated data processing infrastructure. Based on the amount currently outstanding of
$45,690,000 plus $9,000,000 new borrowing and current market interest rates, PFM
estimates the City will experience a minimum of $1.1 million present value savings in
annual debt service cost over the life of the bonds. The bonds are secured by utility
system revenues.
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Item 8B - Rental Property Inspection Program - Adoption (pp. 192-219)
Ordinance on first reading - adopting the proposed Rental Property Inspection
Program implementing a license and inspection program for residential rental properties
with one to four units to insure compliance with minimum standards for the health,
safety and welfare.
Item 8B
Rental Property Inspection Program - Adoption (pp. 192-219)Ordinance on first reading - adopting the proposed Rental Property Inspection
Program implementing a license and inspection program for residential rental properties
with one to four units to insure compliance with minimum standards for the health,
safety and welfare.
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Item 8C - Crane Performance Products - Qualified Target Industry (QTI) -Brownfield Business -
Exemption of Ad Valorem Tax (pp. 220-236)
Ordinance on first reading - recommending Crane Performance Products to the State
as a Qualified Target Industry (QTI) pursuant to 288.106 and 288.107 F.S., approving
an exemption of ad valorem tax over a seven-year period beginning January 1, 2013 and
ending December 31, 2019, for a portion the assessed value of all improvements to real
and tangible property; and providing for the 20% local financial support (LFS) match
amount required by the state in the form of ad valorem tax abatement. These actions
relate to Crane's proposed expansion of its business located in a designated Brownfield
at 1830 Holsonback Drive and would allow Crane to participate in the Florida
Brownfield Refund Bonus Redevelopment state incentive program should the company
meet all applicable criteria and could garner Crane up to $2,500 per eligible new job
created. These monies will assist Crane's expansion plan to invest approximately
$3,655,000 in equipment and other purchases over the seven-year period and add 29
new jobs at an average annual wage of $43,348, which help it to meet the City adopted
criteria per Resolution 02-271 to receive an exemption. The proposed ad valorem tax
abatement schedule is: years 1-2 at 100%, years 3-4 at 75%, years 5-6 at 50%, and year
7 at 25%, has an estimated value per the Office of Volusia County Property Appraiser
of $56,703. The Economic Development Advisory Board unanimously recommended
approval to use the ad valorem tax schedule above at its June 27, 2012 meeting.
Item 8C
Crane Performance Products - Qualified Target Industry (QTI) -Brownfield Business -Exemption of Ad Valorem Tax (pp. 220-236)
Ordinance on first reading - recommending Crane Performance Products to the State
as a Qualified Target Industry (QTI) pursuant to 288.106 and 288.107 F.S., approving
an exemption of ad valorem tax over a seven-year period beginning January 1, 2013 and
ending December 31, 2019, for a portion the assessed value of all improvements to real
and tangible property; and providing for the 20% local financial support (LFS) match
amount required by the state in the form of ad valorem tax abatement. These actions
relate to Crane's proposed expansion of its business located in a designated Brownfield
at 1830 Holsonback Drive and would allow Crane to participate in the Florida
Brownfield Refund Bonus Redevelopment state incentive program should the company
meet all applicable criteria and could garner Crane up to $2,500 per eligible new job
created. These monies will assist Crane's expansion plan to invest approximately
$3,655,000 in equipment and other purchases over the seven-year period and add 29
new jobs at an average annual wage of $43,348, which help it to meet the City adopted
criteria per Resolution 02-271 to receive an exemption. The proposed ad valorem tax
abatement schedule is: years 1-2 at 100%, years 3-4 at 75%, years 5-6 at 50%, and year
7 at 25%, has an estimated value per the Office of Volusia County Property Appraiser
of $56,703. The Economic Development Advisory Board unanimously recommended
approval to use the ad valorem tax schedule above at its June 27, 2012 meeting.
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Item 8D - Rezoning – Planned Commercial Development – Gateway Business Center I (pp. 237-
312)
Ordinance on first reading – approving a request to rezone 10.75± acres of land,
located on Mason Avenue, west of Williamson Boulevard, from R-2A to Planned
Commercial Development (PCD), to construct 146,080± square feet of
office/warehouse/industrial uses, including 20,000 square feet of office, with associated
parking, truck loading, sidewalks, landscaping, signage and infrastructure improvements;
and to enter into a PCD Agreement, establishing development standards for the PCD.
Applicant: Parker Mynchenberg and Associates, Inc., on behalf of Bruce Teeters,
Senior Vice-President, Consolidated-Tomoka Land Company.
Item 8D
Rezoning – Planned Commercial Development – Gateway Business Center I (pp. 237-312)
Ordinance on first reading – approving a request to rezone 10.75± acres of land,
located on Mason Avenue, west of Williamson Boulevard, from R-2A to Planned
Commercial Development (PCD), to construct 146,080± square feet of
office/warehouse/industrial uses, including 20,000 square feet of office, with associated
parking, truck loading, sidewalks, landscaping, signage and infrastructure improvements;
and to enter into a PCD Agreement, establishing development standards for the PCD.
Applicant: Parker Mynchenberg and Associates, Inc., on behalf of Bruce Teeters,
Senior Vice-President, Consolidated-Tomoka Land Company.
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Item 8E - Police Department – Motorcycles – Lease Agreement (pp. 313-320)
Ordinance on first reading - authorizing the lease of twelve (12) new 2013 Florida
Higyway Patrol (FLHP) Motorcycles, a unique police package from Bruce Rossmeyer's
Daytona Harley-Davidson, 1637 North US 1, Ormond Beach, FL 32174 for a term
beginning October 1, 2012 through September 30, 2014, in an amount of $50,400
annually ($350/per motorcycle per month, total cost $4,200 monthly) which includes
customary maintenance as per factory recommendation. Funds available in the General
Fund.
Item 8E
Police Department – Motorcycles – Lease Agreement (pp. 313-320)Ordinance on first reading - authorizing the lease of twelve (12) new 2013 Florida
Higyway Patrol (FLHP) Motorcycles, a unique police package from Bruce Rossmeyer's
Daytona Harley-Davidson, 1637 North US 1, Ormond Beach, FL 32174 for a term
beginning October 1, 2012 through September 30, 2014, in an amount of $50,400
annually ($350/per motorcycle per month, total cost $4,200 monthly) which includes
customary maintenance as per factory recommendation. Funds available in the General
Fund.
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Item 8F - City Code Section 98-31 - Amendment to Provide Rates, Charges, and Fees, Including
Water and Sewer Renewal and Replacement (R&R) be Established by Resolution (pp.
321-325)
Ordinance on first reading - amending City Code 98-31 to provide that rates, charges,
and fees, including Water and Sewer Renewal and Replacement (R&R) be established
by Resolution; establishing a monthly R&R fee for all customers of Water and/or
Wastewater systems; all revenue collected will be restricted to Water and/or Wastewater
R&R projects; and the fee would be assessed only on potable water meters.
Item 8F
City Code Section 98-31 - Amendment to Provide Rates, Charges, and Fees, IncludingWater and Sewer Renewal and Replacement (R&R) be Established by Resolution (pp.
321-325)
Ordinance on first reading - amending City Code 98-31 to provide that rates, charges,
and fees, including Water and Sewer Renewal and Replacement (R&R) be established
by Resolution; establishing a monthly R&R fee for all customers of Water and/or
Wastewater systems; all revenue collected will be restricted to Water and/or Wastewater
R&R projects; and the fee would be assessed only on potable water meters.
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Item 8G - Trip Fees - City Code Chapter 98 - Amendment (pp. 326-329)
Ordinance on first reading – amending City Code Chapter 98, to create a Trip Fee for
certain service request during normal business hours and a higher fee during nonbusiness
hours to reflect the extra costs for providing the requested services; and
providing that no customer will be billed for the first or second Trip Fee, each fiscal
year.
Item 8G
Trip Fees - City Code Chapter 98 - Amendment (pp. 326-329)Ordinance on first reading – amending City Code Chapter 98, to create a Trip Fee for
certain service request during normal business hours and a higher fee during nonbusiness
hours to reflect the extra costs for providing the requested services; and
providing that no customer will be billed for the first or second Trip Fee, each fiscal
year.
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Item 8H - City Code Section 98-69 - Nonpayment; Disconnection (pp. 330-333)
Ordinance on first reading - amending City Code Section 98-69, to delete the
requirement for a door hanger courtesy notice provided that the bill sent to each service
address provides clear notice that the payment is due by a certain date and that service
will be disconnected without further notice if the payment for such service is not
received within 30 days of the bill date.
Item 8H
City Code Section 98-69 - Nonpayment; Disconnection (pp. 330-333)Ordinance on first reading - amending City Code Section 98-69, to delete the
requirement for a door hanger courtesy notice provided that the bill sent to each service
address provides clear notice that the payment is due by a certain date and that service
will be disconnected without further notice if the payment for such service is not
received within 30 days of the bill date.
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Item 8I - Utilities Department - Testing of Backflow Prevention Devices and Reporting Test
Results and Repairs (pp. 334-345)
Ordinance on first reading - amending City Code Article VI Chapter 98, relating to
testing, repair, and reporting of backflow prevention devices; providing for the City to
assume maintenance responsibilities for residential backflow prevention devices, and
assess a monthly fee which will be adjusted according to Sec. 98-32) for the City to test
and repair the backflow devices on at least an annual basis and a fee would cover all
normal wear and tear items, but not damage due to an outside source. Any residential
property owner may opt out of the monthly fee by making written application to the
Utilities Director assuming responsibility for testing and repair of the backflow devices
and submitting annual reports to the City. If the reports are not submitted, the City will
test and repair the device and bill the customer the full cost of our time and material.
Item 8I
Utilities Department - Testing of Backflow Prevention Devices and Reporting TestResults and Repairs (pp. 334-345)
Ordinance on first reading - amending City Code Article VI Chapter 98, relating to
testing, repair, and reporting of backflow prevention devices; providing for the City to
assume maintenance responsibilities for residential backflow prevention devices, and
assess a monthly fee which will be adjusted according to Sec. 98-32) for the City to test
and repair the backflow devices on at least an annual basis and a fee would cover all
normal wear and tear items, but not damage due to an outside source. Any residential
property owner may opt out of the monthly fee by making written application to the
Utilities Director assuming responsibility for testing and repair of the backflow devices
and submitting annual reports to the City. If the reports are not submitted, the City will
test and repair the device and bill the customer the full cost of our time and material.
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Item 8J - City Code 98-1, 98-2, and 98-3 - Tampering with the Water System - Unauthorized Use
of Water - Failure to Pay for Water Service (pp. 346-350)
Ordinance on first reading - amending City Code 98-1, 98-2, and 98-3 related to
tampering with the water system, unauthorized use of water, and failure to pay for water
service; adding an assumption that the property being served unlawfully is benefiting
from the theft of service; assessing all fines and charges to the property; and requiring
that all fines and charges are satisfied before service to property be reestablished.
Item 8J
City Code 98-1, 98-2, and 98-3 - Tampering with the Water System - Unauthorized Useof Water - Failure to Pay for Water Service (pp. 346-350)
Ordinance on first reading - amending City Code 98-1, 98-2, and 98-3 related to
tampering with the water system, unauthorized use of water, and failure to pay for water
service; adding an assumption that the property being served unlawfully is benefiting
from the theft of service; assessing all fines and charges to the property; and requiring
that all fines and charges are satisfied before service to property be reestablished.
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Item 6D - Trolley Services 2012 - Agreement Approval (pp. 49-83)
Resolution approving an agreement, in the amount of $40,973.75, with the County of
Volusia to become a funding partner with the City of Daytona Beach Shores, Ormond
Beach, and the Halifax Area Advertising Authority (HAA) for a pilot program to
continue trolley service from July 19, 2012 until May 21, 2013. VOTRAN has agreed
to an expanded route along A1A that includes the Downtown via International
Speedway Boulevard and Orange Avenue. Participation will allow for the distribution
of 13,658 free passes to city businesses along the route during the program period.
Funds available in the Main Street Redevelopment Trust Fund, the Downtown
Redevelopment Trust Fund, and the General Fund.
Item 6D
Trolley Services 2012 - Agreement Approval (pp. 49-83)Resolution approving an agreement, in the amount of $40,973.75, with the County of
Volusia to become a funding partner with the City of Daytona Beach Shores, Ormond
Beach, and the Halifax Area Advertising Authority (HAA) for a pilot program to
continue trolley service from July 19, 2012 until May 21, 2013. VOTRAN has agreed
to an expanded route along A1A that includes the Downtown via International
Speedway Boulevard and Orange Avenue. Participation will allow for the distribution
of 13,658 free passes to city businesses along the route during the program period.
Funds available in the Main Street Redevelopment Trust Fund, the Downtown
Redevelopment Trust Fund, and the General Fund.
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Item 9 - PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.
Item 9
PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.»
Items 10 & 11 - 10. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.
11. ADJOURNMENT.
Items 10 & 11
10. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITYMANAGER AND CITY ATTORNEY REPORT.
11. ADJOURNMENT.
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