MINUTES. August 20, 2014

Transcription

1 MINUTES REGULAR MEETING - CITY COMMISSION August 20, 2014 Minutes of the Regular Meeting of the City Commission of The City of Daytona Beach, Florida, held on Wednesday, August 20, 2014, at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. 1. Roll Call. Also Present: Commissioner Pamela Woods Present Commissioner Kelly White Present Commissioner Robert Gilliland Present Commissioner Patrick Henry Present Commissioner Paula Reed Present Commissioner Carl Lentz Present Mayor Derrick Henry Present James V. Chisholm, City Manager Marie Hartman, City Attorney Jennifer L. Thomas, City Clerk 2. Commissioner Henry led the Invocation. 3. Commissioner Woods led the Pledge of Allegiance to the Flag. 4A. APPROVAL OF MINUTES Approval of the minutes of the July 16, 2014 Regular City Commission Meeting held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. It was moved by Commissioner Gilliland to adopt the minutes. Seconded by Commissioner Henry. The motion passed 7-to-0 with the breakdown as follows: Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Mayor Henry Yea

2 5. AGENDA APPROVAL James V. Chisholm, City Manager, read the Agenda changes: Add Addendum Item No. 8F - Community Unity Festival - Donation to WIT NEST to the Consent Agenda. Add Addendum Item No. 8G - Allocation of Bike Week Sponsorship Funds - Commissioner White - to the Consent Agenda. It was moved by Commissioner Gilliland to approve the Agenda with changes. Seconded by Commissioner Reed. The motion passed 7-to-0 with the breakdown as follows: 6. PRESENTATION Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Mayor Henry Yea A. BEAUTIFICATION AWARDS - AUGUST 2014 Jennifer L. Thomas, City Clerk stated this was the August, 2014 Beautification Tree Advisory Board (BTAB) Awards and a member of the BTAB would present. James and Jackwylin Davis 1301 Sunset Boulevard were the Residential Award Winners. Commissioner Patrick Henry, Zone 5, presented the award. Volusia Market Place, 2400 West International Speedway Boulevard was the Commercial Award Winner. Mayor Derrick L. Henry presented the award. 7. CITIZENS A. Michael Pastore, P.O. Box 1172, Daytona Beach spoke about homeless issues in the area. He was working on a comprehensive approach for programs in the community and will be advocating for the homeless. Dale Muzzy, 16 Rock Cove Court, Daytona Beach spoke about the need for recycle bins in the Carriage Cove community. The recycle program needs to start in that the community; there was ban to participate in the program. Mayor Henry asked Mr. Muzzy to take his office contact information; the City wants to encourage constituents to participate in the recycle program. He would like to alleviate the road blocks for the recycling program. 2

3 Commissioner Lentz stated he would discuss the issue during his Commission comments later in the meeting. John Nicholson, 413 North Grandview Avenue, Daytona Beach spoke about the no drive zone in front of the Desert Inn and suggested that half of our $22 million revenue (which equates to $11 million) be provided for various programs. Mayor Henry stated he had not heard about the City having $22 million in additional revenues. Marjorie Johnson, 122 South Keech Street, Daytona Beach stated she would like to applaud Commissioner Reed for the Community Unity Festival and other various issues in the community. 8. CONSENT AGENDA A. Adopted/Resolution No authorizing acceptance of the proposal submitted for the Pier/Building property insurance policy by the insurance broker Brown & Brown of Florida, Inc., 220 S. Ridgewood Ave Daytona Beach, FL The insurance carrier, Scottsdale Insurance Company, 8877 N. Gainey Center Drive, Scottsdale, AZ 85258, provided a quote for Property Insurance coverage excluding named storms, windstorms, flood, wave wash/storm surge. Coverage for the pier/building and loss of rental income coverage under this policy is for the total insured value of $10,250,000 for the period of September 30, 2014 through September 30, 2015, and for a total renewal premium of $46, (Exhibit A). The renewal premium represents a $5, decrease of last year's premium. A RESOLUTION ACCEPTING THE PROPOSAL SUBMITTED BY BROWN & BROWN OF FLORIDA, INC., ON BEHALF OF SCOTTSDALE INSURANCE COMPANY FOR ALL PERILS PROPERTY INSURANCE EXCLUDING WIND/HAIL, FLOOD, STORM SURGE, WAVE WASH, AND EARTHQUAKE FOR THE DAYTONA BEACH PIER STRUCTURE AND BUILDING FOR THE PERIOD SEPTEMBER 30, 2014, THROUGH SEPTEMBER 30, 2015, FOR A PREMIUM OF $46,330.56; AND PROVIDING AN EFFECTIVE DATE. 3

4 B. Adopted/Resolution No approving a Local Agency Program (LAP) Supplemental Agreement No. 1 with the Florida Department of Transportation (FDOT) for the construction of the Orange Avenue Mast Arm Traffic Signals Project. The original FDOT funding commitment was based upon an estimated cost of construction of $2,094,736. The original agreement shows the City contributing $340,430 toward the project cost including $150,000 for Construction Engineering Inspection (CEI) services. The actual low bid was $1,334,661. After petitioning FDOT to include $119,190 previously paid by the City for design services as additional matching contributions, FDOT agreed and prepared this Local Agency Project (LAP) Supplemental Agreement No. 1 whereby FDOT will fund 100% of the cost of construction, relieving the City of paying the $133,466 construction cost contribution. A RESOLUTION APPROVING A LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE ORANGE AVENUE MAST ARM TRAFFIC SIGNAL PROJECT, PROVIDING FOR A REDUCTION IN THE REIMBURSEMENT TO THE CITY FROM $1,904,306 TO AN AMOUNT UP TO $1,334,661; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. C. Adopted/Resolution No approving Change Order 2 to Work Authorization No. 5, under Contract No with CPH, Inc., 101 North Woodland Blvd., Suite 600, Deland, FL Change Order 2 is for additional engineering and soil boring services necessary to modify the existing construction design for Lift Station 9 in order to relocate the wetwell to the south within the existing public easement to eliminate constructability restrictions in an amount not to exceed $11, Section (a) of the Purchasing Code authorizes the City Manager to approve change orders up to a maximum cumulative amount of $25,000 or 5% of the adjusted contract price, whichever is greater. The cumulative amount of Change Orders No. 1 and 2 is $27,351.35, which requires City Commission authorization. Approval of Change Order No. 2 will increase the total amount of Work Authorization No. 5 to $82, A RESOLUTION APPROVING CHANGE ORDER NO. 2 TO WORK AUTHORIZATION 5 UNDER CONTRACT NO WITH CPH, INC., FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH LIFT STATION #9 IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $11,126.83; AND PROVIDING AN EFFECTIVE DATE. D. Adopted/Resolution No accepting the lowest responsive bid (Bid No ) of Tomoka Construction Services, Inc., 810 Fentress Court, #140, Daytona Beach, FL 32117, in the amount of $154,700.10, for the construction of the Lane Street Stormwater Improvements. This item is to construct a stormwater pump station, force main and associated catch basins and storm pipes on the north end of Lane Street to provide a drainage outfall from an area which currently has no drainage conveyance system. A RESOLUTION ACCEPTING THE LOW BID OF TOMOKA CONSTRUCTION SERVICES, INC., IN THE AMOUNT OF $154, FOR THE LANE STREET STORMWATER IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. 4

5 E. Adopted/Resolution No authorizing payment from the General Fund in the amount of: $200 to The Mind of Christ Ministries for the 1 st Annual Love Fest from the Bike Week Sponsorship Fund of Mayor Derrick Henry. $1,000 to Cultural Services for the Peabody Auditorium Piano Donation Drive and $1,000 to the 2014 Daytona Blues Festival from the Bike Week Sponsorship Fund of Commissioner Carl Lentz, IV. $1,000 to Cultural Services for the Community Unity Festival and $500 to Cultural Services for the Peabody Auditorium Piano Donation Drive from the Bike Week Sponsorship Fund of Commissioner Kelly White. $150 to Cultural Services for the Peabody Auditorium Piano Donation Drive from the Bike Week Sponsorship Fund of Commissioner Patrick Henry. A RESOLUTION AUTHORIZING GRANTS FROM THE BIKE WEEK SPONSORSHIP FEES; AND PROVIDING AN EFFECTIVE DATE. F. Adopted/Resolution No approving the donation of $1,000 to Women In Transition Now Establishing Support for Themselves (WIT NEST) from the Community Unity Festival held August 16, The donation will be from the excess revenue of the festival after all expenses are paid. WIT NEST's mission is to provide housing that is decent, safe and affordable to homeless, single women. A RESOLUTION AUTHORIZING THE EXPENDITURE OF DONATED FUNDS IN THE AMOUNT OF $1,000 TO WIT NEST; AND PROVIDING AN EFFECTIVE DATE. G. Adopted/Resolution No authorizing payment from the General Fund in the amount of: $500 to the Cultural Services for the Peabody Auditorium Piano Donation Drive (2nd request to the one submitted ) from the Bike Week Sponsorship Funds of Commissioner Kelly White. A RESOLUTION AUTHORIZING A GRANT FROM THE BIKE WEEK SPONSORSHIP FEES; AND PROVIDING AN EFFECTIVE DATE. It was moved by Commissioner Gilliland to dispense with the reading of the Resolutions on the Consent Agenda and to adopt the Resolutions. Seconded by Commissioner Woods. The motion passed 7-to-0 with the breakdown as follows: Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Mayor Henry Yea 5

6 9. PUBLIC HEARINGS A. Adopted/Ordinance No approving a revised City Charter, Sub-Part A, in its entirety, and approving additional specific amendments to the Charter, or revised Charter, to (1) reduce the Planning Board from eleven members to seven; (2) require the Mayor to deliver an annual State of the City Address; (3) reduce the number of signatures required on an initiative petition to only 10% of registered City voters and amend requirements for form and content of petitions and verification of signatures; and (4) provide for the City Commission to appoint a City Auditor; and calling referenda November 4, 2014, to consider approval of adoption of this Ordinance. City Clerk Thomas read the Ordinance on second reading by title only. AN ORDINANCE APPROVING A REVISED CITY CHARTER, SUB-PART A, IN ITS ENTIRETY; AMENDING THE CHARTER, OR CHARTER AS REVISED, TO REDUCE THE PLANNING BOARD FROM ELEVEN MEMBERS TO SEVEN; AMENDING THE CHARTER, OR CHARTER AS REVISED, TO REQUIRE THE MAYOR TO DELIVER AN ANNUAL STATE OF THE CITY ADDRESS; AMENDING THE CHARTER, OR CHARTER AS REVISED, TO REDUCE THE NUMBER OF SIGNATURES REQUIRED ON AN INITIATIVE PETITION TO ONLY 10% OF REGISTERED CITY VOTERS AND AMEND REQUIREMENTS FOR FORM AND CONTENT OF PETITIONS AND VERIFICATION OF SIGNATURES; AMENDING THE CHARTER, OR CHARTER AS REVISED, TO PROVIDE FOR A CITY AUDITOR APPOINTED BY AND REPORTING TO THE CITY COMMISSION; PROVIDING FOR THE REVISED CHARTER AND AMENDMENTS APPROVED HEREIN TO BE SUBMITTED TO THE VOTERS AT THE NEXT GENERAL ELECTION ON NOVEMBER 4, 2014; PROVIDING WHEN THE PROVISIONS OF THIS ORDINANCE SHALL TAKE EFFECT. Marie Hartman, City Attorney stated there was a memorandum dated August 7th and on page 97 a discrepancy was noticed in the effective date of the Charter amendments and that all the other amendments that were made on first reading are incorporated in the draft ordinance. She asked the Commission to amend Section 7 of the adopting ordinance to provide that Sections 1, 3, 4, and 5 will take effect immediately upon approval by the voters and in Section 2, the planning board amendment, will take effect if approved by the voters on January 1, Commissioner Woods asked if she needed to amend her motion to reflect. Ms. Hartman stated yes. Mayor Henry stated we have an amendment and a second to that amended motion. Vernon Weatherholtz, 3 Granville Circle, Daytona Beach stated he was involved with a number of Charter Review Commission (CRC) meetings. He thought the Charter should be reviewed every 10 years and some of the suggestions that the CRC made need to be reviewed. Overall he does agree with the board's recommendations and expressed his opinion about the two minute time limit. 6

7 John Nicholson, 413 North Grandview Avenue, Daytona Beach spoke about the two minute time limit. He asked for an explanation of the change in planning board membership from 11 to seven people. Greg Gimbert, 255 Euclid Avenue, Daytona Beach stated he was present to speak on behalf of Save Our Neighborhoods, an organization founded two Mayors and two City Commissions ago that has seen many changes. He expressed his gratitude for the work effort of the Charter Review Commission (CRC) members and thanked the City Commission for their sincere consideration of the neighborhoods during the review process. Marjorie Johnson, 122 South Keech Street, Daytona Beach stated her opinions and gratitude regarding the CRC meetings and the City's effort in completing projects throughout the communities. Commissioner Lentz stated it has been an interesting process to witness. We were able to show during this CRC process that regardless of a deadline, a lot of people put their time and hard work into it. Mr. Gimbert has been very valuable in that process; especially the City Attorney for taking the time to address the items quickly. Commissioner Woods stated she would like to reference some of the things Mr. Gimbert stated. She talked about the Save Our Neighborhood organization to Weegie Kuendig and Greg Gimbert and how they all have mellowed as a community. We are trying to work on complicated and divisive issues in a positive way so we can evolve. When the City Commission evolves, the leadership changes and also evolves which in turn allows the communities to do so. Collaboration and communication have been vital resources. It was a very positive process this time. Commissioner White stated we have had other workshops on the Charter Review and quickly went through some items as a result of what we did not get done in the long workshop. We spent a lot of time on it and all the CRC work efforts were valuable. There will be things that we will continue to talk about that aren't necessary Charter issues but issues that may happen to come up. Commissioner Gilliland stated these are good solid changes even though I'm 95 percent in agreement; that is close enough for me. Commissioner Reed stated she would like to piggy back on what Commissioner White's statement. The meetings prior to this were also public meetings. Mayor Henry thanked the men and women who worked very hard through very spirited debates and dialogue and that was the nature of a Charter. Some items did not necessarily rise to the level of something that we decided was of merit by the vote of the citizens but thought the idea was to have people on the Commission who were not afraid to discuss the tough and challenging issues. The communities are a different place now, there are different business interests and people who want to invest in our community. He intends to be a fierce protector of our City and residents of their right to protest and hold an opinion. We are at a point where we recognize that both residents and business interests have to be 7

8 congruent in driving the same direction or at least work together; if we continue to do that and listen to the residents, things are going to get better for Daytona Beach. It was moved Commissioner Woods to adopt the Ordinance as amended. Seconded by Commissioner Henry. The Ordinance was adopted 7-to-0 with the breakdown as follows: Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Mayor Henry Yea B. Adopted/Ordinance No approving a Large Scale Comprehensive Plan Amendment (LSCPA) changing the Future Land Use Map (FLUM) designation from Office Transition to Low Intensity Commercial for 2.47± acres of land along the south side of West International Speedway Boulevard, between Nova Road and Clyde Morris Boulevard. The second component of the proposed amendment includes a modification to Neighborhood Policy M, Issue (e), Policy (1), to allow a scenic setback to be maintained, of which the specific parameters may be established through a Planned Development (PD) rezoning and to also allow commercial development to include the uses of restaurant and retail sales and limit the amount of such allowed uses to 50% of the gross floor area. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Paul F. Holub, Jr., Speedway Investors, LLC. City Clerk Thomas read the Ordinance on second and final reading by title only. AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENTS PREVIOUSLY TRANSMITTED TO THE STATE LAND PLANNING AGENCY, IN ACCORDANCE WITH CH. 163, PART II, FLORIDA STATUTES; ADOPTING AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP; CHANGING THE FUTURE LAND USE DESIGNATION OF ACRES LOCATED AT 1145 WEST INTERNATIONAL SPEEDWAY FROM "OFFICE TRANSITION" TO "LOW INTENSITY COMMERCIAL," AND AMENDING NEIGHBORHOOD POLICY "M"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Robert Merrell, Cobb & Cole, Attorneys at Law, 149 South Ridgewood Avenue, Daytona Beach stated that he would be speaking on items 9B and 9C. The applicant spent a great deal of time on the agenda item back in May. Staff recommended approval of the project and the Planning Board almost unanimously approved the project as well. There have been several community meetings that included the Volusia County schools. This project was an example of how you meet with the community and make changes to accommodate the community and the result was a better project for everybody. Mr. Holub was present; he's not as happy with the project and there may be few neighbors that are not as happy either; the truth was that's what defines good compromise. He referenced the letters of support for the project; the Commission should know the quality of the projects that his client has a reputation for. 8

9 Gary Kemmer, 1144 Cordova, Daytona Beach stated that his property was closest to the project. His concern about the project was that it is invading his neighborhood and would create a lot more traffic. He had additional concerns regarding the buffer zone to his property. John Nicholson, 413 North Grandview Avenue, Daytona Beach stated the property needs be developed. He was happy that the City's set-back requirements will be followed. Phyllis Hogan, 1112 Balboa Avenue, Daytona Beach stated the project would not be good for the neighborhood. She asked that the City to say no to the project and protect their neighborhood. Mr. Merrell stated one of the speakers spoke about a 10 foot buffer; the reference that was made dealt with the next agenda item which is the Planned Commercial Development (PCD). The plans were changed after the Planning Board meeting to include the buffer. Commissioner Gilliland stated that the project has been going on for a couple of years. He knows that the neighborhood isn't thrilled with the project, particularly the residents in the direct vicinity of the project. If the project had been student housing, which is allowed, the residents would be very unhappy with that outcome. With this project there has been a lot of give and take and a number of meetings have been held with the community. He wished that both sides could be happy and sometimes with compromise neither side is happy. He would like to move forward with the project. Robert Kelly, 1110 Loomis Avenue, Daytona Beach stated that he serves as President of the Highlands Neighborhood Association. His group does not support the changes to the Comprehensive Plan. The changes are not to the best interest of the City and neighborhood. The neighborhood counts on the City Commission to protect the area. This is a historical area for the City and worthy of preservation. It was moved Commissioner Gilliland to adopt the Ordinance. Seconded by Commissioner White. The Ordinance was adopted 6-to-1 with the breakdown as follows: Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Nay Commissioner Lentz Yea Mayor Henry Yea 9

10 C. Adopted/Ordinance No approving a request to rezone the property located at 1145 West International Speedway Blvd. from Office Professional (OP) to Planned Commercial Development (PCD) to allow for the development of a 21,036± square foot office and retail center and authorizing the Mayor to execute the Planned Commercial Development Agreement. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Paul F. Holub, Jr., Speedway Investors, LLC. City Clerk Thomas read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT CODE TO REZONE 2.47± ACRES OF PROPERTY LOCATED AT 1145 WEST INTERNATIONAL SPEEDWAY BOULEVARD FROM OP (OFFICE PROFESSIONAL) DISTRICT TO PCD (PLANNED COMMERCIAL DEVELOPMENT) DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE TARRAGONA SHOPPES PLANNED DISTRICT AGREEMENT WITH SPEEDWAY BLVD. INVESTORS, LLC, PERMITTING DEVELOPMENT OF A MIXED OFFICE AND RETAIL CENTER ON THE PROPERTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Gary Kemmer, 1144 Cordova, Daytona Beach spoke about the 10 foot buffer zone and is hoping that it is in the plan. He raised concerns regarding the types of businesses in his neighborhood. Phyllis Hogan, 1112 Balboa Avenue, Daytona Beach spoke about electing the Commission to protect the residents. She feels that the good ole boy network in still alive. Robert Merrell, Cobb Cole, Attorneys at Law, 149 South Ridgewood Avenue, Daytona Beach stated that he was available for questions. Commissioner Woods stated that she understood why the residents may be confused; she wanted to know what was actually happening. There are many requests for waivers and she questions them. The waivers do go to the heart of what the residents are talking about. Why have rules if they are not followed. What she looked at in July, there were 10 requests for waivers. What was in front of the Commission now has been revised again. She wanted to know exactly what had been changed and what the waivers were for. Mr. Merrell stated the waivers are listed in the backup. The only change was a result of the condition of what Mr. Kemmer requested was to add the buffer. The Planning Board spent a great deal of time on the other waivers; they talked about the benefits of the waivers. The bottom line was while there are two or three people attending the meeting tonight; there had been dozens of people that they have dealt with to resolve their issues. The project has been cut back by 50 percent in terms of what Mr. Holub originally wanted to do. It has been a pretty huge compromise. The comments about big bullying or good ole boy... his father lived in the Highlands area years ago with his family. He has roots there and he and Mr. Holub took the residents very seriously. They took the time to talk with a lot of people and the changes are the results of those meetings. In terms of the waivers, the Commission's job was to balance them against public benefit. The material speaks for itself. The public benefit Mr. Holub brings to this corridor of the neighborhood was this type of commercial development and office space. He has completed grade A 10

11 developments elsewhere. The people who live behind his developments love him, shop at his shops and the developments have been very positive. At the transmittal hearing a great deal of time was spent hearing from people in person and by letter who were in support of the development. He wanted to remind the Commission of what they have done in the past without going over everything. Commissioner Woods asked if the project was complying with the current sign ordinance. Mr. Merrell stated nothing has been changed and there was no recommendation from the Planning Board about the amount of the signage. Commissioner Woods stated that she read that the waiver request was for 100 feet. Mr. Merrell stated this was one of the detail issues that they reported to the Planning Board item by item. It was explained that there could be more signs so they consolidated the signs and made them more tasteful. The square footage for an individual parcel was above what was allowed so it was a waiver that does not have much substance to it. Commissioner White stated that she was not sure that Mr. Merrell was asking for the waiver. Commissioner Woods stated that was what she was trying to get clear. The paperwork the Commission received today says that the dimensions of the signs will meet the Land Development Code (LDC) standards. Mr. Merrell stated in terms of height. Commissioner Woods stated so it will be taller. Mr. Merrell stated in terms of height it meets...in terms of area...we looked at it as though we had multiple parcels instead doing it all in one consolidated...we could have had many more square feet of signs and multiple signs. We are consolidating them. The intended purpose of the sign code was to have tasteful signs that are usable from the standpoint of the business and are esthetically pleasing for the people who are traveling by the property. James V. Chisholm, City Manager asked if the submission provides all of the changes from the Planning Board. Rich Walton, Planning Director stated yes. Mr. Chisholm stated so this was the final document with all of the changes. Mr. Merrell stated in fact it was the same as the first reading item in terms of the plan. Mr. Chisholm stated so the setbacks that were suggested are in the waiver. Mr. Merrell stated they are in the plan. 11

12 Commissioner White asked if Mr. Chisholm was referring to the landscape buffers. Mr. Chisholm stated yes. Commissioner White stated that Mr. Kemmer was referring to the buffers and she wanted to note for the record that the requirement is in the Planned Community Development (PCD) agreement. Mr. Merrell stated it was. Commissioner Whited stated that she wanted to make sure. Mr. Merrell stated the fact that it was a PCD, the developer was bound by the agreement the same way they are bound by the zoning code. Commissioner White stated this includes land use and comprehensive use. The City has taken this for a second time. Some of the compromises that have been made are significant enough for her to take a different look at the project. The property was zoned for commercial development. It could be office transitional by adding in the ability of 50 percent of the property and have a retail restaurant component. What the Commission looked at before was a little more intense and the change was the nature of the compromise. She wanted to make sure that everyone knows that the buffers are in the agreement. Mr. Merrell stated it's shown on the plans. Mayor Henry asked if there further questions; he asked for a roll call vote. It was moved Commissioner Gilliland to adopt the Ordinance. Seconded by Commissioner White. The Ordinance was adopted 6-to-1 with the breakdown as follows: Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Nay Commissioner Lentz Yea Mayor Henry Yea 12

13 D. Adopted/Ordinance No approving a request to rezone five parcels totaling 0.648± acres located at 228, 231, 232 Bay Street & the vacant lot on Bay Street, 145 N. Ridgewood Avenue from RDD-3 (Commercial) to RDD-2 (Central Business Mixed Use) in order to facilitate urban commercial development. Applicant: Dwight Selby, on behalf of Burgoyne Properties LTD, Geraldine M Meadows, Billie-Banner Properties LLC, Michael Lai Chin et al, and China Dragon Enterprise, Inc. City Clerk Thomas read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT CODE TO REZONE 0.648± ACRES OF PROPERTY LOCATED AT OR ADJACENT TO 228, 231, AND 232 BAY STREET AND 145 NORTH RIDGEWOOD AVENUE FROM RDD-3 (COMMERCIAL) DISTRICT TO RDD-2 (CENTRAL BUSINESS MIXED USE) DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Dwight Selby, Selby Realty, 200 East Granada Blvd, Ormond Beach, Florida stated the property owner engaged his company to lease the restaurant that has been vacant for several years due to inadequate parking. The RDD-3 zoning is primarily along Ridgewood Avenue is intended for larger parcels that would accommodate onsite parking. This parcel and the other four that are proposed to be rezoned total less than.7 acres which total less than one acre on all five parcels. The Staff and Planning Board supported it because of the large public parking available on Bay Street and hoped that the Commission would too. Commissioner White thanked Mr. Selby for all of his work on the property and all other vacant properties that he and his company have worked on in the downtown area. This was a simple solution that no one else had thought of yet and Mr. Selby has done a great job with bringing the vacant properties back to life again. It was moved Commissioner Gilliland to adopt the Ordinance. Seconded by Commissioner White. The Ordinance was adopted 7-to-0 with the breakdown as follows: Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Mayor Henry Yea 13

14 E. Adopted/Ordinance No amending the Land Development Code (LDC), Article 18 (Appearance Standards), Section 6 (Signs), permitting Electronic Message Center (EMC) signs as part of a Comprehensive Signage Plan (C SP) for properties exceeding 35 acres and adjacent to the International Speedway Blvd. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Jamey Flegal, Volusia Mall, LLC c/o CBL & Associates. City Clerk Thomas read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE; AMENDING ARTICLE AND 6.21 TO ALLOW ELECTRONIC MESSAGE CENTER SIGNS AS PART OF A COMPREHENSIVE SIGNAGE PLAN FOR LARGE RETAIL CENTERS ADJACENT TO INTERNATIONAL SPEEDWAY BOULEVARD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Robert Merrell, Cobb Cole, 149 South Ridgewood Avenue, Daytona Beach stated he was present on behalf of CBL, owners of Volusia Mall. Corbett Drew (CBL) and Sarah Hewey (sign planner) are present to answer any questions. You have seen the comprehensive sign plans (CSP) before and understand the ins and outs and stated he would not go thru them page by page. This item was the actual code provision that will allow the CSP and next item will be the actual text of the CSP. We can go thru it page by page if you like but it's simply a Comprehensive Plan for signage for the entire mall. It was a positive project component that will be a part of the work being done at the mall and will bring it from the 1970's to 2015, which was when it will be done. John Nicholson, 413 North Grandview Avenue, Daytona Beach stated we went thru this 25 years ago when electronic machines came out. We were afraid that they could cause accidents due to distractions because the signs were about three inches wide four feet long and sped across words that you couldn't catch what was said and caused distractions. A lot has changed, it used to be you needed 100 acres for electronic message centers and now it has 35 acres; we have to realize all signage will be this way. Gas stations don't put the numbers up anymore, the motels don't do it and everything was going electronic. It was moved Commissioner Gilliland to adopt the Ordinance. Seconded by Commissioner White. The Ordinance was adopted 6-to-1 with the breakdown as follows: Commissioner Woods Nay Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Mayor Henry Yea 14

15 F. Adopted/Resolution No approving a request for a Comprehensive Sign Plan for the Volusia Mall. Applicant: Robert Merrill III, Esq., Cobb Cole, on behalf of Jamey Flegal, Volusia Mall, LLC c/o CBL & Associates. City Clerk Thomas read the Resolution by title only. A RESOLUTION APPROVING A COMPREHENSIVE SIGN PLAN FOR VOLUSIA MALL, LLC, LOCATED AT 1700 WEST INTERNATIONAL SPEEDWAY BOULEVARD; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. John Nicholson, 413 North Grandview Avenue, Daytona Beach stated his comments about the auto mall and their ability to have graphic signs. He asked if the City Commission had passed an ordinance allowing them to have this type of signage. Commissioner White stated there are a lot of good cities that do not allow electronic message signs but feels comfortable that we do. I'm glad that we have moved forward as a Commission to allow the electronic message signs. James V. Chisholm, City Manager commended the leadership that the mall was checking into reinventing the whole facility and the quality of reinvestment they are putting into our City. There are more things coming out and it will be interesting at the end of 2015 and 2016 from its transformation and other changes around our City. Corbet Drew, CBL Center Suite 500, Chattanooga, Tennessee and owner of the Volusia Mall stated his gratitude to everyone. We are very proud of our asset and excited to bring all these changes to it. We thank you for your support. Mayor Henry stated Mr. Merrell made him feel dated when he talked about the mall and the year He remembers when it was built in the 1970's. We are all delighted with the changes in the investment and the success that has helped change the landscape of our community. It was moved Commissioner Gilliland to adopt the Resolution. Seconded by Commissioner White. The Ordinance was adopted 6-to-1 with the breakdown as follows: Commissioner Woods Nay Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Mayor Henry Yea 15

16 10. ADMINISTRATIVE ITEMS A. Passed/Ordinance approving a request to amend the RPUD Agreement for the purpose of developing lot 1 and 2, located at the corner of Williamson and Beville, for use as a 6,000± square foot retail store with gas pumps and authorizing the Mayor to execute the Residential Planned Unit Development First Amendment. Applicant: Frank J. O'Keefe, P.E., Zev Cohen & Associates, on behalf of Edward Kobel, DD Gateway Daytona, LLC. City Clerk Thomas read the Ordinance on first reading by title only. AN ORDINANCE APPROVING THE FIRST AMENDMENT TO MASTER DEVELOPMENT AGREEMENT FOR THE ANDROS ISLES VILLAGES RESIDENTIAL PLANNED UNIT DEVELOPMENT AGREEMENT; AMENDING THE DEVELOPMENT AND SIGNAGE PLANS FOR LOTS 1 AND 2; AMENDING LANDSCAPING AND BUFFERING REQUIREMENTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST AMENDMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT Commissioner Gilliland asked the City Attorney to share the discussion commentary regarding the public hearing. Marie Hartman, City Attorney stated this was a Quasi-Judicial request for rezoning and the applicant was entitled to a hearing. The typical procedure was to not hear from the applicant on first reading and have a full public hearing where applicant presents its case where the public, opposition or supporters can comment on second reading. We do need to give the applicant their day in court to present their position on rezoning. It was moved by Commissioner Gilliland to pass the Ordinance on first reading. Seconded by Commissioner Woods. The motion passed 7-to-0 with the breakdown as follows: Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Mayor Henry Yea 16

17 B. Adopted/Resolution No approving the One Daytona Traffic Capacity Reservation and Proportionate Share Agreement. The One Daytona Project was required to have an updated traffic impact analysis (TIA) to estimate the amount of traffic that will be generated in Phase II. The update provided by Lassiter Transportation Group, Inc. to the Daytona Live TIA was recently completed and Daytona Beach Live Holdings Retail, LLC is requesting its acceptance by the City. The updated TIA was reviewed and accepted by Traffic Engineering Data Solutions, Inc. and the Volusia County Traffic Engineering Department using methodology and analysis determined to be valid. The original agreed upon payment of $1,258,093 will be replaced with certain improvements at the intersection of International Speedway Boulevard and Daytona Boulevard per the updated TIA. City Clerk Thomas read the Resolution by title only. A RESOLUTION APPROVING THE ONE DAYTONA TRAFFIC CAPACITY RESERVATION AND PROPORTIONATE SHARE AGREEMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Robert Merrell, Cobb Cole, 149 South Ridgewood Avenue, Daytona Beach spoke on behalf of the applicant. This agreement replaces the agreement with Daytona Live! Commissioner Woods asked if the traffic was actually less. Mr. Merrell stated the assumptions from 2007 and 2008 in terms of growth did not happen. Commissioner Woods asked Sans Lassiter to come up and speak. Sans Lassiter, 123 Live Oak Avenue, Daytona Beach stated he had some graphics they could view. The One Daytona project is larger than Daytona Live! The traffic engineers can tell you there has been a major reduction in traffic on the roads in Florida. It has been reflected in the economy and when the economy picks up the traffic will slowly pick up. He explained how they came to the projection. He provided the Commission with documentation and made a presentation. Commissioner White asked if they had a residential component in the Daytona Live! concept. Mr. Lassiter stated yes. It was moved by Commissioner Gilliland to adopt the Resolution. Seconded by Commissioner Reed. The motion passed 7-to-0 with the breakdown as follows: Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Mayor Henry Yea 17

18 C. Adopted/Resolution No approving the request from Indian Motorcycles, 290 North Beach Street, Daytona Beach, to participate in the Biketoberfest 2014 Master Plan for outside activities on private property. Indian Motorcycles recently leased 290 North Beach Street (formerly the Harley Davidson Dealership) and missed the usual Biketoberfest application deadline (May 16th). The City commission pursuant to LDC Art. 17 Sec can approve their master plan application by Resolution as it complies with LDC requirements and all Bike Week Guidelines requirements except one; the business wasn't open for the preceding 250 days. Staff is of the opinion that their occupancy of a high profile downtown property with a multi-year lease warrants a one-time exception. They will be required to comply with all applicable regulations for subsequent events. City Clerk Thomas read the Resolution by title only. A RESOLUTION APPROVING THE REQUEST OF INDIAN MOTORCYCLE DAYTONA BEACH TO PARTICIPATE IN THE BIKETOBERFEST 2014 MASTER PLAN FOR OUTSIDE ACTIVITIES ON PRIVATE PROPERTY; AUTHORIZING OUTSIDE ACTIVITIES AT 290 NORTH BEACH STREET DURING BIKETOBERFEST OCTOBER 16 THROUGH OCTOBER 19, 2014, PURSUANT TO ARTICLE , OUTSIDE ACTIVITIES (c) 8, LAND DEVELOPMENT CODE; AND PROVIDING AN EFFECTIVE DATE. John Nicholson, 413 North Grandview Avenue, Daytona Beach stated he supported this item. He asked the Commission to look at helping out the businesses in this area. Dwight Selby, 200 East Granada Boulevard, Ormond Beach, Florida stated they were glad to find a tenant for the property. He explained that the tenant had to win the right to sell Indian Motorcycles and then convince Polaris that this was the best location for a new franchised store. They came to the past bike week event and sold more Indian Motorcycles in four different locations that had ever been done before. They are happy to have them on North Beach Street and in an area that needs some help. They recognize that this was a special situation. Colleen Miles, 140 South Beach Street, Daytona Beach stated she was there as Mr. Kramper's representative. She realizes that the Master Plan Guidelines are fairly strict, however this is a one-time request. She can answer any questions. Commissioner Woods asked if they were open yet. Ms. Miles stated not yet, but they are working diligently to open. Commissioner Woods stated she views itinerant vending as a privilege and not a right. Not every vendor gets it. She does not believe they should allow a business that isn't open yet the privilege to do it. She thought it was great that they came to Beach Street, but they should follow the guidelines. She is not going to support the application. Commissioner Lentz stated they made an exception last year on Main Street and they got burned. He doesn't think this is an example of that type of risk. He congratulated Mr. Selby on getting a tenant in the building. He is going to support the application. Ms. Miles stated the Convention and Visitors Bureau supports this application. 18

19 Mr. Selby stated they are working to be open before Biketoberfest. Commissioner Woods stated she understood that but she totally opposes this because they did not meet the minimum requirements of the number of days open. Commissioner Gilliland stated on the application they are not applying to sell alcohol. He supports this application. He was very happy they are coming to Beach Street. It was moved by Commissioner Gilliland to adopt the Resolution. Seconded by Commissioner White. The motion passed 6-to-1 with the breakdown as follows: Commissioner Woods Nay Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Mayor Henry Yea 11. COMMENTS BY THE COMMISSION, CITY MANAGER AND CITY ATTORNEY Mayor Henry said tonight's comments will start with Commissioner Woods. Commissioner Woods stated good night. Commissioner White stated we talked a lot about the Charter and thanked Staff for their involvement in the process. The next big document will be the Land Development Code (LDC). She stated her concerns about an article she had read in the News Journal about a statement made by the Bethune-Cookman University President, Edison O. Jackson of not having enough dormitory space for all of the new incoming freshmen but in turn to have a positive attitude because it does symbolize growth. That's the way she's looking at the Orange Avenue Project right now; it may be stressful to many citizens because of the ongoing construction and repairs but you also have to look at it as growth in our City. The Orange Avenue Project was a part of our "larger vision as a City"; so we as citizens need to keep that in mind and just realize this was something we've been waiting for a long time for. The City Leaders have a larger vision for the growth of our City in mind to keep things moving forward. Mayor Henry thanked Commissioner White for making such an excellent point. Commissioner Gilliland stated he wanted to mention two things; first was the project that had been floating over in the Club Topic area. He felt that certain individuals were trying to use some kind of underhanded tactics to get people to join his side. He suggested the City be careful and watch out if this project goes forward and that we have truthful information as decisions are being contemplated and made. 19

20 Commissioner Woods stated before we move on with this subject she too had been contacted concerning some things he had done and her question to Staff and Rich Walton was had he come to present anything that is concrete in any way, shape or form. Rich Walton, Planning Director stated he talked to us. He admits he does not have money, he's not a developer, just a man with ideas. James V. Chisholm said the question he believed was had he presented any requests. Rich answered no he has not. Commissioner Woods stated that was why she wanted Mr. Walton to go on record saying he had not brought anything to Staff as a matter of presentation. Mayor Henry stated he would comment on this because the owner certainly communicates with him regularly. It seemed to him that what the owner wanted was some sort of approval or commitment that the City would not attempt to derail his efforts. The owner was told he could not speak for the Commission, he could only speak for himself and always had a fair and open ear. The owners concern was that before he could get it up and off the ground the Commission would be opposed to it. His suggestion to him was to have a conversation with everyone else, but he also had to have the land assembled in order to do that because he would not get a commitment before he had certain things in place. Commissioner Gilliland stated when he was here he asked him to check the floor area ratio in that area to see what he could actually do. What he got was an extraordinary density at night; way more than the 10 percent he was looking for. He does not want to discourage him from having an honest conversation. He has received s from the President of Bayberry Home Owners Association (HOA) concerning the black bear situation in their neighborhood. The State's position was unless someone was attacked or killed, they're not going to do anything which to him was the wrong position to take. We need them to take this issue more seriously because the bears need to be relocated. This is not a new phenomenon; it started with one bear and now it's getting worse. Mayor Henry stated he lives across the street from that neighborhood and he could concur because his neighbors had called him and said there was a bear in my front yard. When he comes out of his home in the mornings between 6:00 a.m. and 6:30 a.m., he actually looks for a bear. Commissioner Woods asked if they have had phone conversations with the Fish and Game Department. She had a bear in her neighborhood on beachside up in a tree. He was shot down with a tranquilizer gun and fell onto the driveway of the home. Commissioner Gilliland stated to Commissioner Woods that her bear has a whole family now and they are living out in the Bayberry community if she would like to have him back. He knew this was not something to be laughing at, and if there was something the City can do to engage the State on a different level to get them to do something. He would like to 20

21 see that happen before someone is seriously injured or attacked while jogging, taking out their garbage can or literally killed by a bear. Commissioner Henry stated he attended the Florida League of Cities Conference in Hollywood, Florida and their guys setup a booth that was a big hit. He told them when he arrived they didn't have enough water and they ran out in two hours. The Real Time Crime Tracking was big hit. The guys from Daytona did a phenomenal job with their display titled, "It's Time to Invest into Daytona". At one of the workshops he attended, they talked about money that was available from the State for the homeless and it was a significant amount of money. He recommended the City look into it to see if we qualified for it. He plans on attending the Love Fest on Saturday that's being sponsored by a local church and will be held at Daisy Stocking Park. The Back Pack Give-a-Way at the Yvonne Scarlett- Golden Center was jammed pack and pretty sure all the rest of the locations were too. The event was very well attended and Leisure Services did a wonderful job in making it a success. Commissioner Reed said also attended the Florida League of Cities Conference and made a list of upcoming projects. She spoke with the City Manager and Ron McLemore concerning other ways business owners can get to their businesses on Orange Avenue during the construction project. She enlightened the audience to some history concerning Campbell Elementary School now known as the Dickerson Center. Prior to segregation, she attended that elementary school. She had found eight surviving teachers who taught there at that time and they will be presented with a Proclamation this coming Saturday. She would like to present them with a "Key to the City", which she was told had to come from the Mayor and not the Vice Mayor. While serving as Vice Mayor, she attended all of the Back Pack Give-a-ways and thanked Staff for suggesting the third one be part of the Community Unity Festival because it enhanced the festival and gave people knowledge of the festival. She thanked Commissioner Kelly White for partnering with her in the event; they met several times in order to coordinate and get things together. They event was bigger than they ever thought it would be and she just wanted to give a shout out to all of her partners and sponsors in the community that made this event so very successful. She commented about her three month alumni choir engagement at Bethune-Cookman University (BCU). The event will be to raise funds for student scholarships through the sale of the live recorded CDs at the BCU auditorium this coming Saturday. In closing she stated to the City Clerk she would like to donate $300 from her Bike Week Funds to the Peabody Auditorium's Piano fund. Commissioner Lentz attended the Community Unity Festival and congratulated Commissioner Reed and Commissioner White on their efforts. The festival was very well attended, almost tripling in what he saw at last year's event. He said he knew they had decided not to talk about it any further but he had a pile of information on the Trap, Neuter and Release (TNR) program. He personally felt it was worthy of a Commission discussion to see what they can do about it. He stated there may be a policy issue regarding the recycling bins for Carriage Cove Mobile Home Community. The recycle bins are not available to them because they are considered as living on private roads. He donated some of his Bike Week funds to buy 100 bins for the community's recycling program although there are 378 homes there. There's one central location for pickup of trash and recycle 21