Call to Order

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG

Item 4

Approval of the minutes of the August 28, 2012 Fees Workshop - City Commission, the August 29, 2012 Budget Workshop - City Commission, th November 7, 2012 Regular City Commission Meeting and the November 14, 2012 Regular City
Commission Meeting held in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

Item 5

AGENDA APPROVAL

The following items were pulled from the agenda:

6K

The following items were modified on the agenda:

6D, 9D, 8A

Item 9H has been added.

Item 6

All items on this consent agenda have been approved.

Item 7

Discussion - Street and Facility Naming Rights (pp. 450-461) Staff would like the City Commission to review the adopted street and public facilities naming policies approved over ten years ago to insure that the naming and renaming of City streets and City facilities meets a broader goal of community benefit.

Item 8A

Rezoning – Planned Master Development – Halifax Hospital Medical Center (pp. 462-
523) Ordinance on second reading – PUBLIC HEARING - approving a request to rezone
77.5± acres of land, generally located on the west side of Clyde Morris Boulevard, north of West International Speedway Boulevard (ISB) and directly across from Halifax Hospital Medical Center, from HM (Hospital/Medical) to PMD (Planned Master Development), for construction of a mixed-use development that includes a variety of uses intended to complement the surrounding area. Applicant: Robert A. Merrell, III, Esq., on behalf of Michael S. Morgan with Halifax Hospital Medical Center (HHMC).

This item has been moved to the December 19th meeting.

Item 9A

Midtown Redevelopment Plan 2012 Amendment (pp. 524-720) Ordinance on first reading - approving an amendment to the Midtown Redevelopment Plan that adds goals, policies, and objectives related to the Midtown Master Plan in addition to reformatting and miscellaneous revisions.
Reed Berger, Redevelopment Director to report.
Recommendation: Midtown Redevelopment Area Board recommended approval 9-to-0.
Community Redevelopment Agency recommended
approval as revised 7-to-0. Action: Motion to pass the Ordinance on the first reading.
Note: If passed, Public Hearing December 19.

Item 9B

Land Development Code Text Amendment – Major Sports District Modification (pp.721-734) Ordinance on first reading – amending the Land Development Code (LDC), Article 13, Section 3.9, to continue to allow temporary overnight RV parking within one mile of the Daytona International Speedway (DIS) track site; and to amend Article 18, Section 6.21, to allow a Comprehensive Sign Plan (CSP) in Planned Master
Development (PMD) zoning districts. On October 17, 2012 the City Commission approved a rezoning request by DIS to rezone the Speedway track site from Major Sports District (MSD) to Planned Master Development (PMD) and also approved the DIS PMD Agreement. The proposed amendment to continue to allow temporary
overnight RV parking within one mile of DIS is being processed to comply with the
recently approved PMD agreement. Applicant: Development and Administrative Services Department, Planning Division. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 11-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, December 19.

Item 9C

Voluntary Annexation - P & S Paving (pp. 735-749) Ordinance on first reading - approving a voluntary annexation for 11.01± acres of
land located at 3701 Olson Drive, Daytona Beach and is generally located along the western portion of the City’s boundary, north of US Highway 92, approximately 1/2 mile north of Interstate 4. The applicant is seeking to expand the current asphalt processing plant, which is located in Volusia County, but adjacent to The City of Daytona Beach. Applicant: Randy Hudak, Zev Cohen and Associates, Inc., on behalf Tim Phillips of P&S Paving Inc. Richard Walton, Planning Director, 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 19.

Item 9D

Rezoning – M5 District, P & S Paving (pp. 750-770) Ordinance on first reading – approving a request to rezone 16.4± acres of land
located at 3701 Olson Drive, Daytona Beach, from Volusia County Rural Agriculture
(A2) zoning to City of Daytona Beach Heavy Industrial (M-5) zoning. The proposed
area to be rezoned is a vacant parcel adjacent to an existing asphalt plant. Applicant:
Randy Hudak, P.E. on behalf of Tim Phillips, President, P & S Paving, Inc. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 11-to-0.
Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, December 19.

Item 9E

Green Earth Technologies, Inc. - Qualified Target Industry (QTI) Approval - Brownfield Business Approval - Exemption of Ad Valorem Tax (pp. 771-807) Ordinance on first reading - recommending Green Earth Technologies, Inc. to the state as a Qualified Target Industry (QTI) and Qualified Brownfield Business pursuant
to 288.106 and 288.107 F.S.; approving an exemption of ad valorem tax over a seven
year period beginning January 1, 2014 and ending December 31, 2020 for a portion the
assessed value of all improvements to real and tangible property to provide for the state
required 20% local financial support (LFS) match amount; and affirming the proposed
business site at 1806 Mason Avenue is within a designated Brownfield Area. These
actions would allow Green Earth Technologies, Inc. to participate in the Florida Brownfield Refund Bonus Redevelopment incentive program where it could garner up to $2,500 per eligible job to facilitate the proposed business. Green Earth Technologies, Inc. proposes to invest approximately $1,295,000 in construction, equipment and other purchases in its first year and an estimated $3,255,000 over the 7-year period of exemption. It would also create 31 jobs at an average annual wage of $49,000 and has set a resident hiring goal of 40%. The company, by virtue of these actions meets the City adopted criteria per Resolution 02-271 to receive an exemption. The Economic Development Advisory Board at its November 14, 2012 meeting unanimously recommended approval of the ad valorem tax exemption schedule as follows: years 1-2 at 100%, years 3-4 at 75%, years 5-6 at 50%, and year 7 at 25%. The estimated value of the exemption per the Office of Volusia County Property Appraiser is expected to be $67,894 and would be used to provide for the state required 20% local financial support (LFS) match amount. 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 on first reading. Note: If passed, Public Hearing, December 19.

Item 9F

Florida SE, Inc. - Qualified Brownfield Business - Exemption of Ad Valorem Tax
(pp. 808-846) Ordinance on first reading - recommending Florida SE, Inc. a wholly owned
subsidiary of Darden Restaurants, Inc. to the state as a Qualified Brownfield Business
pursuant to 288.106 and 288.107 F.S.; approving an exemption of ad valorem tax over a seven year period beginning January 1, 2014 and ending December 31, 2020 for a portion the assessed value of all improvements to real and tangible property to provide for the state required 20% local financial support (LFS) match amount; and affirming the proposed new business site at 1794 W. International Speedway Boulevard is within a designated Brownfield Area. These actions would allow Florida SE, Inc. to participate in the Florida Brownfield Refund Bonus Redevelopment incentive program
where it could garner up to $2,500 per full time equivalent (FTE) job to facilitate the
proposed business. Florida SE, Inc. proposes to invest approximately $2,915,000 in
construction, equipment and other purchases over the 7-year period of exemption to
construct a new restaurant business. The new restaurant business would also create 64
FTE jobs at an average annual wage of $25,000 and has set a resident hiring goal of
20%. The company, by virtue of these actions meets the City adopted criteria per Resolution 02-271 to receive an exemption. The Economic Development Advisory Board at its November 14, 2012 meeting unanimously recommended approval of the ad valorem tax exemption schedule as follows: years 1-2 at 100%, years 3-4 at 75%, years 5-6 at 50%, and year 7 at 25%. The estimated value of the exemption per the Office of Volusia County Property Appraiser is expected to be $77,366 and would be used to
provide for the state required 20% local financial support (LFS) match amount.
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 on first reading. Note: If passed, Public Hearing December 19.

Item 9G

Orange Avenue Reconstruction - Change Order No. 4 - Contract No. 2009-022 (pp. 847-877) Resolution approving Change Order No. 4, in the amount of $673,502.62, with McKim & Creed, 1901 Mason Avenue, Suite No. 102, Daytona Beach, FL 32117, to bring the current construction plans to 100 percent design stage for the Orange Avenue reconstruction project. The recent acquisition of State Revolving Loan funds and the $4.8 million in F.D.O.T. grants has made the $19 million Orange Avenue reconstruction project feasible provided the City redesigns the project to F.D.O.T. standards in time for the issuance of bids no later than July 1, 2013. It is estimated that it will take 20 to 24 months to complete the construction. Funds available in the Stormwater Improvement Fund and the Water and Sewer Improvement Fund.
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 9H

Proposed Bike Week Guideline - Amendment **Addendum added 12-03-12** Resolution approving the proposed amendment to the Master Plan Guidelines for Bike Week and Biketoberfest to allow outside itinerant vending on West International Speedway Boulevard (ISB) from Dr. Martin Luther King Boulevard (MLK) to Keech
Street during designated motorcycle events.
Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends consideration of the Resolution. Action: Motion to adopt the Resolution.

Item 10

PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.

Items 11 & 12

11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT.

12. ADJOURNMENT.