Item 1

ROLL CALL.

Item 4

APPROVAL OF MINUTES.
4A. Approval of Minutes
Approval of the minutes of the November 6, 2013 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

PRESENTATION.
6A. BEAUTIFICATION AWARDS - NOVEMBER 2013 (pp. 11-13)
Residential Award:
James and Susie Clifton, 410 Lincoln Street, Commissioner Pamela Woods, Zone 2, to
present.
Commercial Award:
Daytona Beach Regency, 400 North Atlantic Avenue, Mayor Derrick L. Henry to
present.

Item 7

CITIZENS.
7A. 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 matter that is not on the Agenda.

Consent Agenda

Consent Agenda Items 8A - 8H

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).
8A. Utilities Department - Utility Easement Acceptance (pp. 15-22)
Resolution authorizing the acceptance of a utility easement from Indigo Development,
LLC needed to provide wastewater and reuse service to the proposed RaceTrac Market
at the southeast corner of LPGA Boulevard and Williamson Boulevard. The
wastewater and reuse force mains were sized to accommodate the proposed RaceTrac
Market and to provide sufficient capacity for future growth in the immediate area
surrounding the RaceTrac development. There is no city funding associated with this
request.
Recommendation: Interim Utilities Director recommends adoption of the
Resolution.
8B. City of Daytona Beach - Florida East Coast (FEC) Railway Licensee Estoppel Letter -
Approval (pp. 23-28)
Resolution authorizing the City Manager to execute a licensed Estoppel Certificate
Letter for Flagler Station II, LLC (FDG), a subsidiary of the Florida East Coast (FEC)
Railroad, to satisfy demands placed upon FDG by Wells Fargo Bank in connection
with financing that FDG is pursuing. Execution of the letter does not affect the Blanket
Utility Crossing License between the City and FDG.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
8C. Police Radio System Maintenance Agreement – Pricing and Equipment List – Annual
Renewal (pp. 29-65)
Resolution approving the renewal of Pricing and Equipment List for the Police Radio
System Maintenance Agreement with Harris Corporation, RFCD, 1030 Old Spanish
Trail, #50, Slidell, LA 70458, for the Fiscal Year 2013-2014, in the amount of $43,380, to be paid in monthly installments of $3,615; and authorizing the City Manager to
execute any documents needed to approve the new pricing and equipment list. This
cost is a reduction from the previous year due to the reduction of inventory on the
current equipment list. Ordinance No. 10-64 approved the contract and Ordinance No.
13-10 allowed for the maintenance pricing and the equipment list to be approved
annually by Resolution. Funds available in the General Fund.
Recommendation: Chief of Police recommends adoption of the Resolution.
8D. State Road 5/Ridgewood Avenue Median Landscape Improvement Phase II - Florida
Department of Transportation (FDOT) Joint Participation Agreement - Approval (pp.
66-111)
Resolution approving the Florida Department of Transportation (FDOT) Joint
Participation Agreement (JPA) that provides a $200,000 Grant for Median Landscape
Improvements Phase II between International Speedway Boulevard to Mason Avenue;
approving the increase of revenue and expense budget reflecting the amount of the
$200,000 Grant in the 5 Cent Transportation Gas Tax; rejecting the bid from Austin
Outdoor, LLC as non-responsive; and awarding the 'lowest' responsive and responsible
best bid, in the amount of $198,500, to R.J. Landscape Contractors, Inc. located at 1766
Taylor Road, Port Orange, Florida. Funds available in the 5 Cent Transportation Gas
Tax Fund.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
8E. Traffic Signal Upgrade Project - Purchase (pp. 112-120)
Resolution authorizing the purchase of upgraded traffic signal equipment, from Naztec
Inc. and Traffic Control Devices, Inc., piggybacking off Seminole County Bids, in an
amount not to exceed $499,913.96, for the integration of 77 upgraded traffic controller
assemblies in the Florida Department of Transportation (FDOT) right-of-way within
the City limits; authorizing the replacement and upgrading of traffic controller software
and hardware systems more than 15 years old, out of date, unserviceable, and near
failure. FDOT will provide 100 percent reimbursement per a Joint Participation
Agreement (Resolution No. 13-132). Funds available in the General Fund.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
8F. Emergency Landfill Repair Purchase - Ratification (pp. 121-140)
Resolution ratifying the emergency repair to the City’s C&D Landfill, in the amount of
$31,550, as directed by the Department of Environmental Protection (DEP) to mitigate
a nitrogen ground water contamination problem caused by the decomposition of
landscape plant material dumped in the landfill in previous years. This work needs to
be completed by January 1, 2014 to prevent the possibility of enforcement actions from
DEP. Funds available in the Solid Waste Management Fund.
Recommendation: Deputy City Manager/Operations recommends adoption of
the Resolution.
8G. Utilities Department - Anoxic Zone Mixers - Wastewater Treatment Plant - Sole
Source Purchase (pp. 141-146)
Resolution authorizing the purchase of two Siemens Flender Model Anoxic Zone
Mixers for use at the City's wastewater plants, in the amount of $74,563.20, from
Chalmers & Kubeck, Inc., 3238 Vera Avenue, Orlando, Florida 32808. The Anoxic
Zone reduces air from entering the treatment process and mixes micro-organisms with
receiving raw sewage to remove phosphorus and nitrogen. The existing mixer in one
of the Anoxic Zone is 14 years old and no longer repairable. The replacement mixers
must be of the same design and configuration as the existing mixers to avoid expensive
modifications to the mixer blades and shafts. Chalmers & Kubeck, Inc., is the factory
authorized supplier for Siemen Flenders Model Mixers. Funds available in the Water
and Sewer Improvement Fund.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8H. Allocation of Bike Week Sponsorship Funds (pp. 147-150)
Resolution authorizing payment in the amount of:
$100 to the National Council of Negro Women Brain Bowl from the Bike Week
Sponsorship Fund of Commissioner Kelly White. Funds available in the General Fund.
Recommendation: Chief Financial Officer recommends adoption of the
Resolution.

Item 9A

Florida Department of Environmental Protection (FDEP) - Drinking Water Revolving
Loan (pp. 151-154)
Ordinance on second reading - PUBLIC HEARING - authorizing the City Manager
to apply for $3,000,000 in Florida Department of Environmental Protection (FDEP)
Drinking water Revolving Loan Funds to finance the potable water line replacement
component of the Orange Avenue Reconstruction Project; authorizing the Mayor to
execute the loan agreement; and authorizing the City Manager to be the City's
Representative for administering the covenants and responsibilities of the loan
agreement.
Ron McLemore, Deputy City Manager/Operations, to present.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Ordinance.
Action: Motion to adopt the Ordinance.

Item 9B

Rezoning, Residential Planned Unit Development – Eagle Landing Apartments (pp.
155-233)
Ordinance on second reading – PUBLIC HEARING - approving a request to rezone
7.63± acres of land, located between Nova Road and Clyde Morris Boulevard and
south of Terrace Avenue right-of-way, from R-2a (Multi-family) to RPUD
(Residential Planned Unit Development), to construct a 144 unit apartment complex,
totaling 49,904 square feet, with a clubhouse, pool, water/sewer & reuse irrigation
extensions, development of off-site right-of-way improvements and additional
emergency access; and to authorize the City to enter into a RPUD Agreement,
establishing development standards for the RPUD. Applicant: Parker Mynchenberg,
P.E., on behalf of Lowell Lohman, Managing Member of Lohman Apartments, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends

Item 9C

Water and Sanitary Sewer System - Capital Fees - Amendment (pp. 234-236)
Ordinance on second reading – PUBLIC HEARING - providing credits against Water
System and Sanitary Sewer System Capital Fees for new plumbing installations based
on demolition or relocation of existing plumbing installations; and repealing Ordinance
No. 91-209. The City adopted Capital Facility Fees that limited credits to a three-year
period. The City conducted a thorough study in 2006 of other services and adopted
new impact fees relating to police, fire, parks and recreation, roads and general
government. The consultant that prepared that study recommended no time limitation
on impact fee credits in accordance with recent case law and that recommendation was
adopted. Staff is now recommending that the time limitation for water and sewer
impact fee credits be amended so as to be consistent. There will be no time limitation
on properly documented water and sewer impact fee credits.
Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services
recommends adoption the Ordinance.
Action: Motion to adopt the Ordinance.

Items 9D & 10A

9D. Public Use Permit - Telecommunication Tower, Florida Tennis Center (pp. 237-256)
Resolution – PUBLIC HEARING - approving a Public Use Permit to approve a
Resolution for a Public Use Permit, to allow the installation of a 185 foot tall monopole
telecommunication tower, a 52’ x 98’ fenced equipment area, and related equipment
installation and site improvements. Included is the requested waiver of Land
Development Code (LDC), Article 17 (Conditions and Requirements for Specific
Uses), Section 2.159 (Telecommunications Antennas and Towers), reducing the
required setback of the tower from 92.5 feet to 65 feet. Applicant: Development &
Administrative Services Department, Planning Division.
Richard Walton, Planning Director, to report.
Recommendation: Planning Director recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
10. ADMINISTRATIVE ITEMS.
10A.CLQ, LLC - USTA Center - Communications Tower - Lease Agreement (pp. 257-
279)
Resolution approving a site lease agreement with CLQ, LLC., 1123 Solena Avenue,
Winter Park, Florida, 32789, for the construction of a 185 foot communications tower
located on City owned property at the United States Tennis Association (USTA)
Center, for a term of five years with nine additional five-year renewal options. The
lease requires a monthly base rent of $1,800 plus a percentage rent of 30 percent of all
fees and gross rent beginning with the second sublease for the tower, plus applicable
taxes. Increase in monthly rental payments will occur at the time of renewal with a
cost of living of 20 percent, or the CPI rate, whichever is greater. CLQ, LLC will
provide $10,000 to the City within 30 days of the signing of the lease as additional rent,
and will be responsible for all maintenance of the tower, utilities, insurance, fees, taxes
and cleanliness of the leased premises.
J. Paul Wetzel, Support Services Director, to report.
Recommendation: Support Services Director recommends adoption of
the Resolution.
Action: Motion to adopt the Resolution.

Item 10B

City Code of Ordinance - Article 10, Alcoholic Beverages - Amendment (pp. 280-282)
Ordinance on first reading - amending City Code, Article 10, Alcoholic Beverages,
to require an annual permit fee of $100 for establishments selling alcoholic beverages
for offsite consumption; and requiring an annual permit fee of $300 for an afterhours
permit for establishments selling and serving alcohol beverages for consumption on the
premises. The current fee of $25 is not sufficient to cover the cost of processing the
initial application and annual reviews.
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, December 4.

Items 10C - 12

10C.City Code of Ordinances - Chapter 78, Solid Waste - Amendment (pp. 283-315)
Ordinance on first reading – amending City Code Chapter 78, Solid Waste providing
for regulation of the City’s Solid Waste Collection and Recycling Program; and
providing for fees to be enacted by Resolution instead of by Ordinance. Extensive
changes have occurred in Solid Waste Industry Standards, Laws, Regulations and Recognized Best Practices since the City's current Solid Waste Code was adopted in
1999. This rewrite of the code updates General Administrative Regulations, the City's
contract with Waste Pro, and the regulation of third party franchise providers.
Ron McLemore, Deputy City Manager/Operations, to report.
Recommendation: Deputy City Manager/Operations recommends passing the
Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, December 4.
11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.
12. ADJOURNMENT.