July 18, 2012 Regular City Commission Meetings
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Call to Order - 1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
Call to Order
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 July 3, 2012 Regular City Commission Meeting, held in
the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida
Item 4
APPROVAL OF MINUTES.Approval of the minutes of the July 3, 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.
Item 5
AGENDA APPROVAL.
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Item 7 - CONSENT AGENDA Items 7A - 7L
Item 7
CONSENT AGENDA Items 7A - 7L
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Item 6A - BEAUTIFICATION AWARDS - JULY 2012 (pp. 19-21)
Residential Award: Ken and Maryke Guild, 108 Jubilee Circle, Commissioner Robert A. Gilliland, Zone 4, to present.
Commercial Award:
Big Tree Plaza, 1898 South Clyde Morris Boulevard, Suite 360, Mayor Glenn Ritchey
to present.
Item 6A
BEAUTIFICATION AWARDS - JULY 2012 (pp. 19-21)Residential Award: Ken and Maryke Guild, 108 Jubilee Circle, Commissioner Robert A. Gilliland, Zone 4, to present.
Commercial Award:
Big Tree Plaza, 1898 South Clyde Morris Boulevard, Suite 360, Mayor Glenn Ritchey
to present.
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Item 6B - Juneteenth Video Presentation (pp. 22-24)
Presentation honoring the Juneteenth celebration which has been held and is growing
in Daytona Beach since 2001, with this year’s 2012 events having had the largest attendance in the eleven year history of the event. The short video to be shown encapsulates a small portion of the diversity and fun enjoyed by the entire community.
Commissioner Patrick Henry to present.
Item 6B
Juneteenth Video Presentation (pp. 22-24)Presentation honoring the Juneteenth celebration which has been held and is growing
in Daytona Beach since 2001, with this year’s 2012 events having had the largest attendance in the eleven year history of the event. The short video to be shown encapsulates a small portion of the diversity and fun enjoyed by the entire community.
Commissioner Patrick Henry to present.
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Item 8M - Daytona Commercial Amusement - Large Scale Comprehensive Plan Amendment
(pp. 655-690)
Resolution - PUBLIC HEARING - authorizing transmittal of a Large Scale Comprehensive Plan Amendment to state agencies and local jurisdictions for review and comments prior to final adoption. The amendment changes the Future Land Use Map designation from General Industrial to Commercial Amusement for 114± acres of land and adds a new Neighborhood P issue and policy to limit residential development for the subject parcel to a maximum of 1,500 residential units. The property is
generally located north of International Speedway Boulevard and west of Bill France
Boulevard and also encompasses both sides of Dunn Avenue north and west of the Palm Terrace Elementary School.
Applicant: Robert A. Merrell, III, Esq., Cobb Cole and Bell, on behalf of International Speedway Corporation and Event Equipment
Leasing, LLC. Richard Walton, Planning Director, to report.
Recommendationn: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Resolution.
Item 8M
Daytona Commercial Amusement - Large Scale Comprehensive Plan Amendment(pp. 655-690)
Resolution - PUBLIC HEARING - authorizing transmittal of a Large Scale Comprehensive Plan Amendment to state agencies and local jurisdictions for review and comments prior to final adoption. The amendment changes the Future Land Use Map designation from General Industrial to Commercial Amusement for 114± acres of land and adds a new Neighborhood P issue and policy to limit residential development for the subject parcel to a maximum of 1,500 residential units. The property is
generally located north of International Speedway Boulevard and west of Bill France
Boulevard and also encompasses both sides of Dunn Avenue north and west of the Palm Terrace Elementary School.
Applicant: Robert A. Merrell, III, Esq., Cobb Cole and Bell, on behalf of International Speedway Corporation and Event Equipment
Leasing, LLC. Richard Walton, Planning Director, to report.
Recommendationn: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Resolution.
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Item 8A - Land Development Code Text Amendment – Internet Cafés (pp. 409-433)
Ordinance on second 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.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Ordinance.
Item 8A
Land Development Code Text Amendment – Internet Cafés (pp. 409-433)Ordinance on second 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.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Ordinance.
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Item 8B - Land Development Code Text Amendment – Allowing Hotels in Downtown Redevelopment Area (pp. 434-451) Ordinance on second 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.
Reed Berger, Redevelopment Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Ordinance.
Item 8B
Land Development Code Text Amendment – Allowing Hotels in Downtown Redevelopment Area (pp. 434-451) Ordinance on second 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 AdministrativeServices Division, Redevelopment Division.
Reed Berger, Redevelopment Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Ordinance.
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Item 8C - Rezoning – Planned Commercial Development – Gateway Business Center I (pp. 452- 527) Ordinance on second reading – PUBLIC HEARING - 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. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Ordinance.
Item 8C
Rezoning – Planned Commercial Development – Gateway Business Center I (pp. 452- 527) Ordinance on second reading – PUBLIC HEARING - 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. Richard Walton, Planning Director, to report.Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Ordinance.
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Item 8D - Police & Fire Pension Plan - Amendments (pp. 528-553)
Ordinance on second reading - PUBLIC HEARING - amending Ordinance No. 10- 322 modifying the pension benefits for Police & Fire members; Section 4 - Finance and Fund Management; Section 6 - Benefit Amounts and Eligibility; and Section 7 - Pre- Retirement Death. Continued from the June 20, 2012 Regular City Commission Meeting. Sally McCarroll, Human Resources Director, to report.
Recommendation: Human Resources Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8D
Police & Fire Pension Plan - Amendments (pp. 528-553)Ordinance on second reading - PUBLIC HEARING - amending Ordinance No. 10- 322 modifying the pension benefits for Police & Fire members; Section 4 - Finance and Fund Management; Section 6 - Benefit Amounts and Eligibility; and Section 7 - Pre- Retirement Death. Continued from the June 20, 2012 Regular City Commission Meeting. Sally McCarroll, Human Resources Director, to report.
Recommendation: Human Resources Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 8E - Utility System Revenue Bonds Series 2002 Refunding (pp. 554-559)
Ordinance on second reading - PUBLIC HEARING - 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 debt service cost over the life of the bonds. The bonds are secured by utility system revenues. John Drago, Interim Chief Financial Officer, to report.
Recommendation: Interim Chief Financial Officer recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8E
Utility System Revenue Bonds Series 2002 Refunding (pp. 554-559)Ordinance on second reading - PUBLIC HEARING - 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 debt service cost over the life of the bonds. The bonds are secured by utility system revenues. John Drago, Interim Chief Financial Officer, to report.
Recommendation: Interim Chief Financial Officer recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 8F - Rental Property Inspection Program - Adoption (pp. 560-607)
Ordinance on second reading - PUBLIC HEARING - 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. Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8F
Rental Property Inspection Program - Adoption (pp. 560-607)Ordinance on second reading - PUBLIC HEARING - 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. Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 8G - Crane Performance Products - Qualified Target Industry (QTI) -Brownfield Business -
Exemption of Ad Valorem Tax (pp. 608-624)
Ordinance on second reading - PUBLIC HEARING - 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 sevenyear
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. Emory Counts, Economic/Community Development Director, to report.
Recommendation: Economic/Community Development Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8G
Crane Performance Products - Qualified Target Industry (QTI) -Brownfield Business -Exemption of Ad Valorem Tax (pp. 608-624)
Ordinance on second reading - PUBLIC HEARING - 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 sevenyear
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. Emory Counts, Economic/Community Development Director, to report.
Recommendation: Economic/Community Development Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 8H - Police Department – Motorcycles – Lease Agreement (pp. 625-632)
Ordinance on second reading - PUBLIC HEARING - authorizing the lease of twelve (12) new 2013 Florida Highway 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. Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8H
Police Department – Motorcycles – Lease Agreement (pp. 625-632)Ordinance on second reading - PUBLIC HEARING - authorizing the lease of twelve (12) new 2013 Florida Highway 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. Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 8I - 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. 633-637) Ordinance on second reading - PUBLIC HEARING - 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. Mitt Tidwell, Utilities Director, to report.
Recommendation: Utilities Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8I
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. 633-637) Ordinance on second reading - PUBLIC HEARING - 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. Mitt Tidwell, Utilities Director, to report.
Recommendation: Utilities Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 8J - Trip Fees - City Code Chapter 98 - Amendment (pp. 638-641)
Ordinance on second reading – PUBLIC HEARING - amending City Code Chapter 98, to create a Trip Fee for certain service request during normal business hours and a higher fee during non-business 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.
Mitt Tidwell, Utilities Director, to report.
Recommendation: Utilities Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8J
Trip Fees - City Code Chapter 98 - Amendment (pp. 638-641)Ordinance on second reading – PUBLIC HEARING - amending City Code Chapter 98, to create a Trip Fee for certain service request during normal business hours and a higher fee during non-business 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.
Mitt Tidwell, Utilities Director, to report.
Recommendation: Utilities Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 8K - City Code Section 98-69 - Nonpayment; Disconnection (pp. 642-645)
Ordinance on second reading - PUBLIC HEARING - 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. Mitt Tidwell, Utilities Director, to report.
Recommendation: Utilities Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8K
City Code Section 98-69 - Nonpayment; Disconnection (pp. 642-645)Ordinance on second reading - PUBLIC HEARING - 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. Mitt Tidwell, Utilities Director, to report.
Recommendation: Utilities Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 8L - 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. 646-654) Ordinance on second reading - PUBLIC HEARING - 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. Mitt Tidwell, Utilities Director, to report.
Recommendation: Utilities Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8L
City Code 98-1, 98-2, and 98-3 - Tampering with the Water System - UnauthorizedUse of Water - Failure to Pay for Water Service (pp. 646-654) Ordinance on second reading - PUBLIC HEARING - 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. Mitt Tidwell, Utilities Director, to report.
Recommendation: Utilities Director recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Item 9A - Amendment to Lease Agreement - Indigo International, Inc. (pp. 691-698)
Resolution approving the Fifth Amendment to the LPGA Lease Agreement with Indigo International LLC for lease of the LPGA Golf Course. Pursuant to the existing lease, rent was to increase on September 1, 2012 from the current rate of $250,000 per year to $500,000 per year, and would remain at that rate through the remainder of the lease term and any renewals. The initial lease term will end August 31, 2022, and the
lease provides options to extend for seven additional five-year periods (through 2057).
This Amendment provides (a) reduction of the annual rent starting September 1, 2012 to $250,000, increasing 1.75% each year thereafter, plus 5% of gross revenue over $5.5
million and 7% over $6.5 million; (b) by September 1, 2015, Indigo will spend no less
than $200,000 for capital improvements; (c) the City Seal will be displayed on the Clubhouse to identify the City’s role in providing the facility; and (d) Indigo will release the restrictive covenants on the Police Department property at 129 Valor Drive. Other lease terms will remain in effect. James V. Chisholm, City Manager, to report.
Recommendation: City Manager recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
Item 9A
Amendment to Lease Agreement - Indigo International, Inc. (pp. 691-698)Resolution approving the Fifth Amendment to the LPGA Lease Agreement with Indigo International LLC for lease of the LPGA Golf Course. Pursuant to the existing lease, rent was to increase on September 1, 2012 from the current rate of $250,000 per year to $500,000 per year, and would remain at that rate through the remainder of the lease term and any renewals. The initial lease term will end August 31, 2022, and the
lease provides options to extend for seven additional five-year periods (through 2057).
This Amendment provides (a) reduction of the annual rent starting September 1, 2012 to $250,000, increasing 1.75% each year thereafter, plus 5% of gross revenue over $5.5
million and 7% over $6.5 million; (b) by September 1, 2015, Indigo will spend no less
than $200,000 for capital improvements; (c) the City Seal will be displayed on the Clubhouse to identify the City’s role in providing the facility; and (d) Indigo will release the restrictive covenants on the Police Department property at 129 Valor Drive. Other lease terms will remain in effect. James V. Chisholm, City Manager, to report.
Recommendation: City Manager recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
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Item 9B - Drug and Prostitution Nuisance Abatement, Chapter 62, Article III, City Code -
Amendment (pp. 699-704) Ordinance on first reading - amending Chapter 62, Article III, City Code, which creates the Nuisance Abatement Board and authorizes use of the state law procedure to abate certain nuisances; changing the title of the Article to “Drug, Prostitution, Stolen Property, and Gang-Related Nuisance Abatement”; amending section 62-61, City Code, to define "Public Nuisance" consistent with sec. 893.138, Fla. Stat., and to
expand the authority of the Board to include nuisances created by pain-management clinics. This amendment is recommended due to recent amendment in the state law. Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 1.
Item 9B
Drug and Prostitution Nuisance Abatement, Chapter 62, Article III, City Code -Amendment (pp. 699-704) Ordinance on first reading - amending Chapter 62, Article III, City Code, which creates the Nuisance Abatement Board and authorizes use of the state law procedure to abate certain nuisances; changing the title of the Article to “Drug, Prostitution, Stolen Property, and Gang-Related Nuisance Abatement”; amending section 62-61, City Code, to define "Public Nuisance" consistent with sec. 893.138, Fla. Stat., and to
expand the authority of the Board to include nuisances created by pain-management clinics. This amendment is recommended due to recent amendment in the state law. Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 1.
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Item 9C - Land Development Code - Enforcement and Penalties (pp. 705-712) Ordinance on first reading – amending Article 1, Section 8.1 of the Land Development Code, relating to enforcement and penalties for violations; increasing the civil penalty amount for citations issued by Code Enforcement Officers as authorized by sec.162.21, Florida Statutes, from $50 for initial violations and $100 for repeat violations, to $100 for initial violations and $250 for repeat violations; prohibiting the issuance of development orders for any real property which is the subject of
uncorrected violations of the Land Development Code;and creating a definition for “Itinerant or Transient Violations”. Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends passing the Ordinance on the first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 1.
Item 9C
Land Development Code - Enforcement and Penalties (pp. 705-712) Ordinance on first reading – amending Article 1, Section 8.1 of the Land Development Code, relating to enforcement and penalties for violations; increasing the civil penalty amount for citations issued by Code Enforcement Officers as authorized by sec.162.21, Florida Statutes, from $50 for initial violations and $100 for repeat violations, to $100 for initial violations and $250 for repeat violations; prohibiting the issuance of development orders for any real property which is the subject ofuncorrected violations of the Land Development Code;and creating a definition for “Itinerant or Transient Violations”. Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends passing the Ordinance on the first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, August 1.
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Item 9D - W.C. Grand, LLC Project - Impact Fee Credit Extension (pp. 713-720) Ordinance on first reading - extending the availability of credits against Water and Sewer Capital Facilities Fees for redevelopment of 516 S. Grandview Avenue, for 6.5 years from the date of the Amended and Restated Redevelopment Agreement with W.C. Grand, LLC. 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, August 1.
Item 9D
W.C. Grand, LLC Project - Impact Fee Credit Extension (pp. 713-720) Ordinance on first reading - extending the availability of credits against Water and Sewer Capital Facilities Fees for redevelopment of 516 S. Grandview Avenue, for 6.5 years from the date of the Amended and Restated Redevelopment Agreement with W.C. Grand, LLC. 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, August 1.
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Item 9E - Utility System Revenue Bonds Series 2002 ABCD - Refunding Legal Documents - Approval (pp. 721-914) Resolution approving legal documents for the Utility System Revenue Bonds Series
2002 ABCD refunding. At the July 3, 2012 meeting the City Commission authorized the refunding of the Utility Revenue Bonds Series 2002 ABCD and new borrowing for the purpose of financing the automated meter reading system and its associated data infrastructure upgrade. Due to favorable interest rates it is estimated the City will realize approximately $1.08 million in present value savings over the life of the bonds. In addition, the City's financial advisor, PFM, has also recommended the City consider the refinancing of the 1997 and 1999 State Revolving Fund loans currently outstanding
($13.5 million). This could achieve an additional savings of $400,000. Currently, PFM
and Bond Counsel (Bryant Miller Olive P.A.) are preparing required documents for the sale of the bonds. The Bond Resolution to be approved by the City Commission authorizes (1) the current financial plan for the refunding which estimates the present value of the total debt service savings at a minimum of 3% of the principal amount of the refunded bonds, (2) the issuance of the new bonds in an amount not to exceed $70 million, and (3) the award of the sale of the bonds to underwriters by negotiated
sale. Documents included are the Preliminary Official Statement, Official Notice of Sale, Form of Escrow Agreement, and Continuing Disclosure Certificate. The closing is estimated to occur in September. John Drago, Interim Chief Financial Officer, to report.
Recommendation: Interim Chief Financial Officer recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
Item 9E
Utility System Revenue Bonds Series 2002 ABCD - Refunding Legal Documents - Approval (pp. 721-914) Resolution approving legal documents for the Utility System Revenue Bonds Series2002 ABCD refunding. At the July 3, 2012 meeting the City Commission authorized the refunding of the Utility Revenue Bonds Series 2002 ABCD and new borrowing for the purpose of financing the automated meter reading system and its associated data infrastructure upgrade. Due to favorable interest rates it is estimated the City will realize approximately $1.08 million in present value savings over the life of the bonds. In addition, the City's financial advisor, PFM, has also recommended the City consider the refinancing of the 1997 and 1999 State Revolving Fund loans currently outstanding
($13.5 million). This could achieve an additional savings of $400,000. Currently, PFM
and Bond Counsel (Bryant Miller Olive P.A.) are preparing required documents for the sale of the bonds. The Bond Resolution to be approved by the City Commission authorizes (1) the current financial plan for the refunding which estimates the present value of the total debt service savings at a minimum of 3% of the principal amount of the refunded bonds, (2) the issuance of the new bonds in an amount not to exceed $70 million, and (3) the award of the sale of the bonds to underwriters by negotiated
sale. Documents included are the Preliminary Official Statement, Official Notice of Sale, Form of Escrow Agreement, and Continuing Disclosure Certificate. The closing is estimated to occur in September. John Drago, Interim Chief Financial Officer, to report.
Recommendation: Interim Chief Financial Officer recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
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Item 9F - Bike Week Festival Task Force (pp. 915-930)
Resolution amending Resolution No. 95-425 to strengthen the relationship with the Daytona Regional Chamber of Commerce; to account for changes in the Zoning Code; and instructing the City and the Chamber to negotiate a three (3) year contract for the management of Bike Week.
Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendationn: Deputy City Manager/Administrative Services recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
Item 9F
Bike Week Festival Task Force (pp. 915-930)Resolution amending Resolution No. 95-425 to strengthen the relationship with the Daytona Regional Chamber of Commerce; to account for changes in the Zoning Code; and instructing the City and the Chamber to negotiate a three (3) year contract for the management of Bike Week.
Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendationn: Deputy City Manager/Administrative Services recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
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Item 9G - Biketoberfest 2012 Master Plan - Private Property (pp. 931-1040) Resolution adopting the Biketoberfest 2012 Master Plan for the use of Private Property as presented by the Biketoberfest Development Committee and the Daytona Beach Convention & Visitors Bureau.
Tom Guest, Biketoberfest Development Committee Chairman, to report.
Recommendation: Biketoberfest Development Committee recommends action.
Action: Motion to adopt the Resolution.
Item 9G
Biketoberfest 2012 Master Plan - Private Property (pp. 931-1040) Resolution adopting the Biketoberfest 2012 Master Plan for the use of Private Property as presented by the Biketoberfest Development Committee and the Daytona Beach Convention & Visitors Bureau.Tom Guest, Biketoberfest Development Committee Chairman, to report.
Recommendation: Biketoberfest Development Committee recommends action.
Action: Motion to adopt the Resolution.
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Item 9H - Biketoberfest 2012 Master Plan - Public Property (pp. 1041-1069) Resolution adopting the Biketoberfest 2012 Master Plan for the use of Public Property. 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.
Item 9H
Biketoberfest 2012 Master Plan - Public Property (pp. 1041-1069) Resolution adopting the Biketoberfest 2012 Master Plan for the use of Public Property. 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.
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Item 10 - CITIZENS.
10A.PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.
Item 10
CITIZENS.10A.PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.
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Items 11 & 12 - 11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT.
12. ADJOURNMENT.
Items 11 & 12
11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT.12. ADJOURNMENT.
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