Items 1-4

1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Approval of Minutes.
4A.Approval of Minutes

Approval of the minutes of the November 2, 2011 Regular City Commission Meeting and the November 16, 2011 Regular City Commission Meeting held at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

Item 5

Agenda Approval.

Item 9H

Occupy Daytona – Tuscawilla Park Permit **Addenda added 12-07-11**

Resolution finding that the proposed use of Tuscawilla Park by the Occupy Daytona Working Group complies with applicable City codes, ordinances and regulations and authorizing the City Manager to issue permits for the proposed use upon payment of appropriate fees.

Paul McKitrick, Deputy City Manager/Administrative Services, to report.

Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 6

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

Item 7

Consent Agenda.

(Items 7A-7K)

Item 8A

Sexual Offender Residence Ordinance - Amendment (pp. 223-240)

Ordinance on second reading - PUBLIC HEARING - amending Section 62-201 City Code, as adopted by Ordinance No. 11-222, relating to the place of residence of sexual offenders within the City; extending residence prohibitions to persons convicted of similar crimes in jurisdictions other than Florida; clarifying that the prohibitions apply to persons required by State law to register as sexual offenders or predators; adopting State law definitions of "Child Care Facility", "Park", "Playground", and "School".

Michael Chitwood, Chief of Police, to report.

Recommendation: Chief of Police recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.

Item 8B

Temporary Moratorium - Internet Cafés (pp. 241-254)

Ordinance on second 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. (Continued from the November 16, 2011 Regular City Commission Meeting)

Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 10-to-1.

Action: Motion to adopt the Ordinance.

Item 8C

Special Use Permit - Cape Morris Cove Townhomes (pp. 255-287)

Resolution – PUBLIC HEARING - approving a modification to a previously approved Special Use Permit to construct a 20-unit townhouse subdivision on 2.07± acres of property located at the southeast intersection of Big Tree Road and Old Kings Road. Applicant: Bobby Ball, P.E., Zev Cohen & Associates, on behalf of Mark Gauthier, Cape Morris Cove Partners, LLC.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 10-to-0 w/conditions.
Action: Motion to adopt the Resolution.

Item 8D

Comprehensive Sign Plan Modification - Halifax Hospital Medical Center (pp. 288-337)
Resolution – PUBLIC HEARING - modifying the approved Comprehensive Sign Plan (CSP) for HHMC, located at 303 North Clyde Morris Boulevard. The proposed modification will allow for the replacement of the existing site entry identification pole sign with an electronic message center (EMC) sign. Applicant: Robert A. Merrell, III, Esquire, Cobb Cole.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 7-to-3 w/conditions.
Action: Motion to adopt the Resolution.

Item 9A

Budget Amendment (pp. 338-346)

Ordinance on first reading - amending Ordinance No. 10-252, which adopted the 2010-2011 budget, in order to increase revenues by $36,466,845; and increase expenditures by $35,925,000 and increase transfers and capital expenditures by $541,845 for the year end close out of FY 2010/2011.

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 21.

Item 9B

Public Solicitation in the Downtown Shopping District (Beach Street) (pp. 347-352)

Ordinance on first reading - amending Section 66-1 City Code, as adopted in the Code of Ordinances, relating to restrictions on public solicitation for money on public property. The proposed amendment will extend the restrictions to solicitation for immediate delivery of food, and will prohibit the solicitation of money or food at anytime while on the street or public sidewalk in the Downtown Shopping District. The Downtown Shopping District includes the blocks along Beach Street, from Orange Avenue to the Post Office; from Beach Street to Palmetto Avenue. This area of Downtown has a concentration of retail stores and restaurants that are heavily pedestrian oriented. Many of the restaurants have sidewalk cafes in this area and more restaurants and sidewalk cafes are planned for this area.

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, December 21.

Item 9C

Crane Performance Products LLC - Ad Valorem Tax Exemption - Business Address Amendment (pp. 353-380)

Ordinance on first reading - amending Ordinance 10-102 that approved an exemption of ad valorem tax for Crane Performance Products, LLC in order to change the business address to which the exemption would apply. Ordinance 10-102 recommended Crane Performance Products, LLC to the state as a Qualified Brownfield Business pursuant to 288.106 and 288.107 F.S., and approved an exemption of ad valorem tax over a seven year period beginning January 1, 2010 to provide funding for the 20 percent local match amount required by the state for Crane to participate in the Florida Brownfield Refund Bonus Redevelopment state incentive program. Crane’s new location is in the AERO Park Brownfield in accordance with Resolution 10-328 stating the City’s intent to grant Crane the exemption if its new business location was within the state designated Brownfield. The current ad valorem tax exemption schedule would continue and recognize that the first year of the exemption had been completed as follows: years 1-3 at 100%, years 4-5 at 75%, and years 6-7 at 50%. The Economic Development Advisory Board unanimously recommended approval of the amendment at its November 16, 2011 meeting to use the tax schedule above to provide funding in the form of an exemption ad valorem tax for the local match amount required by the state.

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 21.

Item 9D

Land Development Code Text Amendment - Comprehensive Sign Plans for Colleges & Universities (pp. 381-403)

Ordinance on first reading – amending the Land Development Code (LDC), Article 18 (Appearance Standards), Sections 6.11 (Signs/District sign schedules) and 6.21 (Signs/Variances and modifications) to allow comprehensive sign plans for colleges and universities. Applicant: Robert A. Merrell, III, Esq., of Cobb Cole, on behalf of Embry-Riddle Aeronautical University (ERAU) and Bethune-Cookman University (BCU).

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 9-to-1.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, December 21.

Item 9E

Rezoning - Planned Commercial Development - Daytona Beverage PCD Amendment (pp. 404-442)

Ordinance on first reading – rezoning 9.78± acres of land located at 2275 Mason Avenue, Daytona Beach, amending the existing Planned Commercial Development (PCD), expanding the building square footage and modifying the timetable for development. Applicant: Mark S. Dowst, P.E., on behalf of Kevin Bowler, Managing Member, Daytona Beverage LLC.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 10-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, December 21.

Item 9F

Exemption of Ad Valorem Tax - Daytona Beverages, LLC (pp. 443-454)

Ordinance on first reading - authorizing an exemption of ad valorem tax, for an estimated amount of $126,278, for Daytona Beverages, LLC, to facilitate a $2,000,000, thirty thousand square foot business facility expansion and the addition of 40 new jobs at an average annual wage of $39,333. The economic impact of the company payroll over the seven-year period of the exemption is estimated to be $44,367,624 using a factor of 1.2 times the cumulative payroll. Daytona Beverages is a distribution business employing 87 employees located at 2275 Mason Avenue within a Brownfield Area designated by the City and State for economic development. Resolution No. 02-271 adopted the criteria for the City to determine if a business is eligible to receive an exemption ad valorem tax and Daytona Beverages, LLC by virtue of its expansion and performance plan meets these criteria. On November 16, 2011, the Economic Development Advisory Board (EDAB) unanimously recommended approval of this exemption.

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 21.

Item 9G

Rezoning - Planned Commercial Development - Daytona Beach Seventh Day Adventist Church (pp. 455-500)

Ordinance on first reading – rezoning 10.22± acres of land located at 401 North Williamson Boulevard, from RP – Residential Professional to PCD (Planned Commercial Development), to allow temporary overnight parking of recreational vehicles. Per the City’s Land Development Code (LDC), Article 3, Section 1.3, a super-majority vote of the City Commission is required to approve this action, due to the Planning Board’s recommendation of denial. Applicant: Christopher Challis, Esq., Cobb Cole, on behalf of Katherine Fairchild, Florida Conference Association of Seventh Day Adventist Church.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends denial 2-to-8.
Requires a Super Majority vote of the City Commission for approval.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, December 21.

Items 10 & 11

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

11. Adjournment.