Items 1 & 4

1. Roll Call.

4. Approval of Minutes.

Approval of the minutes of the September 7, 2011, City Commission Residency Workshop, the minutes of the October 5, 2011, City Commission Meeting, and the minutes of the October 19, 2011, Regular Meeting of the City Commission, held Wednesday, at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

Item 5

5. Agenda Approval.

Item 6

Presentation - Bethune-Cookman University (pp. 11-12)

Wildcat Write Center Program - Students from the college will present an overview of the program.

Commissioner Kelly White will lead the presentation.

Item 7

Public Comment BY PEOPLE ADDRESSSING THE CITY COMMISSION FOR ITEMS ON THE AGENDA.

Items 8 & 9

8. 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).

Discussion - Redistricting - Bryant Miller Olive (pp. 93-96)

9. Redistricting consultant Bryant Miller Olive will lead the discussion with the City Commission and City staff on the current City Commission Zone boundaries and provide current census data overlay. This will be the first meeting per the executed contract.

Item 10A

International City/County Management Corporation-Retirement Corporation (ICMA-RC) - Agreement Amendment (pp. 97-119)

Ordinance on second reading - PUBLIC HEARING - amending the Governmental Money Purchase Plan and Trust Adoption Agreement between the City and the International City/County Management Corporation-Retirement Corporation (ICMA-RC) reducing the City's contributions to employees in the 401A plans. Contributions for General, Administrative, Professional and Technical employees in Plan #109439 will be reduced to 4.91%; Contributions for Executive employees in Plan #109440 will be reduced to 6.27%. This will result in a projected annual saving to the City of approximately $60,176.

Sally McCarroll, Human Resources Director, to report.

Recommendation: Human Resources Director recommends adopting the Ordinance.

Action: Motion to adopt the Ordinance.

Item 10B

Main Street Redevelopment Plan - 2011 Amendments (pp. 120-162)

Ordinance on second reading - PUBLIC HEARING - approving amendments to the Main Street Redevelopment Plan that incorporates certain goals, policies, and objectives provided in the E-Zone Master Plan. On September 14th the Main Street/South Atlantic Redevelopment Area Board voted to recommend to the Community Redevelopment Agency certain amendments to the Main Street Redevelopment Plan for the primary purpose of revising and adding goals, policies, and objectives that reference certain recommendations provided in the E-Zone Master Plan, and to remove references to the roundabout that the E-Zone Master Plan identified at the intersection of S. Atlantic Avenue and Main Street. On September 22nd the Planning Board voted to approve the finding that the proposed amendments conform to the Comprehensive Plan. On October 5th the Community Redevelopment Agency voted to recommend the City Commission approve the proposed amendments to the Main Street Redevelopment Plan as amended, and forward its recommendation to the City Commission, and directed staff to send notice to affected taxing districts.

Reed Berger, Redevelopment Director, to report.

Recommendation: Main Street/South Atlantic Redevelopment Area Board
voted 9-to-0 to approve.
Planning Board voted 11-to-0 to approve.
Community Redevelopment Agency voted 7-to-0 to approve as amended.

Action: Motion to adopt the Ordinance.

Item 10C

Temporary Moratorium - Internet Cafés (pp. 163-176)

Ordinance on first reading - PUBLIC HEARING - establishing a 180-day temporary moratorium on the establishment of and issuance of permits for certain uses commonly known as Internet Cafés or Sweepstakes Redemption Centers. The use is not specifically provided for in the Land Development Code. The City currently treats such uses as “Games of Skill” (the most similar use which is specifically addressed in the LDC). The moratorium will allow time to consider whether the use should be specifically added to the LDC, and, if so, the appropriate zoning regulations to apply. Applicant: Development and Administrative Services Department, Planning Division.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 10-to-1.

Action: Motion to pass the Ordinance on first reading.

Note: If passed, Public Hearing, November 16.

Item 10D

Large Scale Comprehensive Plan Amendment – E-Zone Master Plan - DEV2011-054 (pp. 177-213)

Resolution - PUBLIC HEARING - authorizing transmittal of Large Scale Comprehensive Plan Amendments (LSCPA) to state agencies and local jurisdictions for review and comments prior to final adoption. The amendments establish and overlay the E-Zone Future Land Use Map designation for 141.88 ± acres of land and the general location is in the core tourist area of the City. 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 adopt the Resolution.

Item 11A

Land Development Code Text Amendment – Minor Modifications from the Architectural Design Standards (pp. 214-236)

Ordinance on first reading - amending the Land Development Code (LDC), Article 4, Section 14.2 and Article 18, Section 4.3, authorizing City staff to consider minor modifications to development project reviews in relation to the architectural design standards. Applicant: Development and Administrative Services Department, Planning Division.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 11-to-0 with recommendations.

Action: Motion to pass the Ordinance on first reading.

Note: If passed, Public Hearing, November 16.

Item 11B

Exemption of Ad Valorem Tax - Teledyne ODI Inc. (pp. 237-259)

Ordinance on first reading - recommending Teledyne ODI, Inc. to the state as a Qualified Brownfield Business pursuant to 288.106 and 288.107 F.S., and approving an exemption of ad valorem tax over a seven year period to provide funding for the 20 percent local match amount required by the state to participate in the Florida Brownfield Refund Bonus Redevelopment state incentive program. Teledyne ODI, Inc. by virtue of its location, its status as a Target Industry Business, and its plan to expand including a 50,000 square foot building and creation 100 new jobs at an average annual wage of $50,000, meets the City adopted criteria per Resolution 02-271 to receive an exemption and is therefore eligible for incentives under the Florida Qualified Target Industry (QTI) and Florida Brownfield Refund Bonus Redevelopment programs. The proposed exemption of ad valorem tax schedule is: years 1-2 at 100 percent, years 3-4 at 75 percent, years 5-6 at 50 percent, and year 7 at 25 percent, and has an estimated value amount per the Office of Volusia County Property Appraiser of $208,219. The Economic Development Advisory Board unanimously recommended approval to use the tax schedule above to provide funding in the form of an exemption ad valorem tax totaling $208,219 for the required local match amount for Teleedyne ODI, Inc. to participate in the Florida Brownfield Refund Bonus Redevelopment program at its October 19, 2011 meeting.

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.

Note: If passed, Public Hearing, November 16.

Item 11C

Farmers Market Management - Request for Proposals (RFP) (pp. 260-270)

Resolution authorizing City staff to issue a Request for Proposals (RFP) to invite responsible organizations with a track record of downtown promotion and event management to submit competitive proposals to manage and operate a farmers market.

Reed Berger, Redevelopment Director, to report.

Recommendation: Redevelopment Director recommends adoption of the Resolution.

Action: Motion to adopt the Resolution.

Item 11D

Appeal - Site Plan - Case No. DEV2011-043 - 719 S. Martin Luther King Boulevard (pp. 271-320) (QUASI-JUDICIAL HEARING)

Resolution approving a request for site plan approval by Mark Dowst, Mark Dowst & Associates, on behalf of the property owners, Absanullah Mahbubor Rasul & Omar Imam, for a convenience store located at 719 S. Martin Luther King Boulevard, and reversing the decision of the Midtown Redevelopment Area Board in Case No. DEV2011-043. On October 11, 2011, the Midtown Redevelopment Area Board considered the site plan application. A motion to approve the site plan failed by a vote of 2-to-4. The applicant filed this appeal to the City Commission in accordance with Article 3, Section 5.4 (b), of the Land Development Code. The applicant’s position is that the site plan meets all criteria established in the LDC and must be approved. The City Commission may consider the record made at the Redevelopment Board and any additional new evidence presented, and may affirm, modify, or reverse the decision of the Redevelopment Board.

Reed Berger, Redevelopment Director, to report.

Recommendation: Commission action.

Action: Motion to adopt the Resolution.

Item 11E

Amendment - Temporary Suspension of Certain Impact Fees **Addendum added 11-01-11**

Ordinance on first reading - amending Ordinance No. 06-263 to temporarily suspend certain impact fee for a period of three (3) years, effective retroactively from October 1, 2011 through September 30, 2014. Staff believes suspension of certain Impact Fees will alleviate a portion of the financial responsibility from developers and business; assisting in economic growth. Staff recommends temporarily suspending the collection of the Road, Fire/Emergency Management Service, Police and General Governmental Impact Fees. No other impact fees than those stated above shall be suspended or waived at this time.

Laurie Matta, Chief Financial Officer to report.

Recommendation: Chief Financial Officer, recommends passing the Ordinance on first reading.

Action: Motion to pass the Ordinance on first reading.

Note: If passed, Public Hearing, December 7.

Items 12 & 13

12. Comments and inquiries from the City Commission - City Manager and City Attorney report.

13. Adjournment.