March 7, Roll Call. James Chisholm, City Manager Robert Jagger, City Attorney Letitia LaMagna, City Clerk MINUTES

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1 MINUTES REGULAR MEETING - CITY COMMISSION March 7, 2018 Minutes of the Regular Meeting of the City Commission of The City of Daytona Beach, Florida, held on Wednesday, March 7, 2018 at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. 1. Roll Call. Commissioner Aaron Delgado Absent Commissioner Kelly White Present Commissioner Robert Gilliland Present Commissioner Dannette Henry Present Commissioner Paula Reed Present Commissioner Ruth Trager Present Mayor Derrick Henry Present It was moved by Commissioner Gilliland to excuse Commissioner Delgado from meeting. by Commissioner Trager. The motion passed 6-to-0 with the breakdown as follows: Seconded Also Present: James Chisholm, City Manager Robert Jagger, City Attorney Letitia LaMagna, City Clerk 2. Invocation was led by Commissioner Trager. 3. Pledge of Allegiance to the Flag was led by Commissioner White. 4A. APPROVAL OF MINUTES Approval of the minutes of the February 21, 2018 Regular Meeting of the City Commission held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. I

2 It was moved by Commissioner Trager to adopt the minutes. Seconded by Commissioner Gilliland. The motion passed 6-to-0 with the breakdown as follows: 5. AGENDA APPROVAL James Chisholm, City Manager read the Agenda changes as follows: Moved Agenda Item No. 81- B & W Tek Tactic ID N Raman Spectrometer to Administrative Items. Added Agenda Item No. 8K - Allocation of Bike Week Sponsorship Funds to Consent Items. It was moved by Commissioner Gilliland to approve the Agenda with changes. Commissioner Trager. The motion passed 6-to-0 with the breakdown as follows: Seconded by 6. PRESENTATION A. No presentation. 7. CITIZENS COMMENTS John Nicholson, 413 N. Grandview Avenue, Daytona Beach, stated his concerns about various Consent Agenda items. Mike Pastore, 1503 Virginia Avenue, Daytona Beach, stated his concerns about Item 8C and the First Step Shelter. Doyle Lewis, 340 North Street, Daytona Beach, stated his concerns about the First Step Shelter construction oversite and the homeless. 8. CONSENT AGENDA A. Adopted/Resolution No authorizing funding for the City of Daytona Beach Police Department's Victim Advocate Position, which is primarily funded by the Florida Office of Attorney General, Victim of Crime Act Program (VOCA), in the amount of $42,748, with matching funds distributed from the law enforcement trust fund in the amount of $10,687, for a total of $53,435. This 2

3 will allow for the continuation of the police department's VOCA Program; and authorizing the City Manager or his Designee to execute any agreement relating to this grant application. This application has passed the VOCA office technical review and subsequent required revision and has been approved by the VOCA office for award. A RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO AND ACCEPTANCE OF GRANT FUNDS FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, VICTIMS OF CRIME ACT PROGRAM, IN THE AMOUNT OF $42,748 FOR THE CONTINUATION OF THE POLICE DEPARTMENT'S VICTIM'S ADVOCATE PROGRAM; AUTHORIZING A MATCH IN THE AMOUNT OF $10,687; AUTHORIZING USE OF LAW ENFORCEMENT TRUST FUNDS FOR THE MATCH; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE OF THE GRANT APPLICATION AND ACCEPTANCE; AUTHORIZING AMENDMENT OF THE BUDGET IF THE GRANT FUNDS ARE AWARDED; AUTHORIZING THE EXPENDITURE OF ALL FUNDS AWARDED PLUS THE MATCHING FUNDS FOR CONTINUATION OF THE VICTIM'S ADVOCATE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. B. Adopted/Resolution No authorizing the City Manager to approve and sign "minor amendments" to grant agreements which have been approved by the City Commission including existing grant agreements. Minor amendments are amendments required by the granting agency during administration of the grant that do not substantially change the scope of the project. These minor amendments include the following: Certain adjustments to maximum grant funding Extensions of grant term Changes to the City's Project Manager Extensions/adjustments of project completion dates Adjustments to grant related budgets including reallocation of costs among project tasks The City has been successful in receiving multiple grant awards over the last couple of years. During the administration of each grant, it is relatively routine for changes to occur during the project which require amendments to the grant contract. Many times these amendments are very minor in nature which do not change the scope of the project. A common amendment is an adjustment to the maximum grant award. The maximum grant award is typically based on an estimate of cost provided before all design and project bidding occurs. The granting agency many times will require the grant amount to be amended to reflect an increase or decrease in the grant award to reflect actual bid costs. A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE MINOR AMENDMENTS TO CAPITAL PROJECT GRANT AGREEMENTS APPROVED BY THE CITY COMMISSION, SUBJECT TO CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. C. Adopted/Resolution No approving the construction project budget for the First Step Shelter Program Project at $2,875,000; includes a $2,500,000 preliminary construction cost estimate plus a 15% contingency of $375,000; temporarily waiving the Purchasing Code Chapter30, Section to give the City Manager authority to expedite the project schedule and award First Step Shelter Program project contracts to the lowest, responsive, responsible bidder and authorizing the City Manager to approve all required Change Orders and project expenditure needed during the project provided that these actions are within the overall budget authority. This request is needed to expedite and shorten by approximately 6 months, the current traditional design and construction schedule for the First Step Shelter Program Facility (Shelter Facility) building project. This will be accomplished by the proposed use of an expedited Overlapped Construction 3

4 Phasing approach. This will require the pre-bid advertisement establishment of the City Manager's budgetary authority and providing temporary Shelter Facility project specific waiver of the Purchasing Code Chapter 30, Section for construction bidding and award processes. The shelter building is currently scheduled to be constructed by the end of October City staff proposes to use an expedited Overlapped Construction Phasing approach and the requested City Manager authority to expedite the construction schedule. It is estimated that the building construction can be completed by May 2019 for a current schedule savings of approximately 6 months. However after construction of the Shelter Facility building is completed it will be up to the selected operating entity to furnish and equip the building and get it open for business. A RESOLUTION APPROVING THE BUDGET FOR THE FIRST STEP SHELTER PROGRAM PROJECT IN THE AMOUNT OF $2,875,000, INCLUDING A CONTINGENCY OF $375,000; AUTHORIZING THE CITY MANAGER TO MAKE PROCURMENT-RELATED EXPENDITURES AND APPROVE CONSTRUCTION SERVICES CONTRACTS AS NECESSARY TO COMPLETE THE PROJECT, SUBJECT TO CONDITONS; WAIVING CERTAIN PURCHASING CODE REQUIREMENTS, TO THE EXTENT OF CONFLICT HEREWITH; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ALL CONTRACTS WHICH THIS RESOLUTION AUTHORIZES THE CITY MANAGER TO APPROVE AND PROVIDING AN EFFECTIVE DATE. D. Adopted/Resolution No authorizing the award of the construction contract with Black Sands Development Group, PLLC, 156 Big Ben Drive, Daytona Beach, FL in the amount of $118, for the Derbyshire Park DrainageImprovements project. This Project is funded by a Racing and Recreation Facilities District Grant. The project is for construction of needed drainage improvements at the Derbyshire Park and in accordance with the Derbyshire Park Master Plan. A RESOLUTION ACCEPTING THE LOW BID OF BLACK SANDS DEVELOPMENT GROUP, PLLC IN AN AMOUNT NOT TO EXCEED $118, FOR THE DERBYSHIRE PARK DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROJECT-SPECIFIC CONSTRUCTION CONTRACT WITH BLACK SANDS DEVELOPMENT GROUP, PLLC, IN ACCORDANCE WITH THE BID DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. E. Adopted/Resolution No approving Contract No with Yellowstone Landscape- Southeast, LLC, 500 Fentress Blvd., Daytona Beach, FL 32114, the lowest responsive bidder, in the amount of $63,393 for the remainder of Fiscal r 2017/2018, based on the submitted Fee Schedule for a three (3) year term with option to renew for up two terms of one (1) year each in the total amount of $98,885 annually. Yellowstone Landscape-Southeast, LLC will provide Beville Road Landscape Maintenance annually by specific task services. A RESOLUTION ACCEPTING THE LOW BID OF YELLOWSTONE LANDSCAPE-SOUTHEAST, LLC, TO PROVIDE LANDSCAPE MAINTENANCE SERVICES ON BEVILLE ROAD FOR A TERM OF THREE YEARS, WITH OPTIONS TO RENEW FOR TWO ONE-YEAR TERMS, AT A TOTAL COST NOT TO EXCEED $98, ANNUALLY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LANDSCAPE MAINTENANCE CONTRACT, IN ACCORDANCE WITH THE BID DOCUMENTS; AUTHORIZING THE CITY MANAGER TO EXERCISE THE CITY'S OPTIONS TO RENEW, SUBJECT TO BUDGETING AND APPROPRIATION; AND PROVIDING AN EFFECTIVE DATE. F. Adopted/Resolution No awarding Bid No to Hazen Construction, LLC, 1599 Tionia Road, New Smyrna Beach, FL in the amount of $168,975 for the construction of one backflow preventer on the Fairview Avenue outfall in Riverfront Park. The purpose of the back flow preventer is to help mitigate flooding in the Beach Street and Fairview Avenue intersection during flood events and high Halifax River stages. A RESOLUTION ACCEPTING THE LOW BID OF 4

5 HAZEN CONSTRUCTION, LLC, IN AN AMOUNT NOT TO EXCEED $168,975 FOR INSTALLATION OF BEACH STREET BACKFLOW PREVENTER NO. 26 AT FAIRVIEW AVENUE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT WITH HAZEN CONSTRUCTION, LLC, CORRESPONDING TO THE BID AWARD; AND PROVIDING AN EFFECTIVE DATE. G. Adopted/Resolution No approving a purchase from Ovivo USA, LLC, Order Entry Administrator, 4246 Riverboat Road, Suite 300, Salt Lake City, Utah , in the amount of $1,460,543. The Brennan Water Treatment Plant utilizes three softeners to remove hardness in the raw water. Softener No.3 is the largest of the three softeners. It has failed to operate due to worn, corroded, and aged (more than thirty years old) mechanical parts. An assessment of the equipment and the gear drives determined that a complete rebuild is needed. Ovivo is the manufacturer and the sole source to replace this equipment. A RESOLUTION APPROVING THE EXPENDITURE OF $1,460,543, FOR THE REPAIR/REBUILD OF SOFTENER EQUIPMENT LOCATED AT THE BRENNAN WATER TREATMENT PLANT, FROM OVIVO USA, LLC, SOLE SOURCE PROVIDER; AND PROVIDING AN EFFECTIVE DATE. H. Adopted/Resolution No authorizing the purchase of Annual UV System Parts from Trojan Technologies, 3020 Gore Road, London, Ontario, Canada N5V 4T7, in the amount of $1,243, Both the Westside Regional and the Bethune Point Wastewater Treatment Plants utilizes Ultraviolet (UV) System for disinfection of the treated wastewater. All of the disposable parts consisting of lamps, ballasts, wipers, sleeves, electrical components, and hydraulic components are replaced annually to maintain disinfection levels required of all Wastewater Treatment Plants by State and Federal regulatory agencies. Sole Source is being requested because the Trojan Technologies is the only provider of these parts and to uphold the warranty. A RESOLUTION APPROVING THE PURCHASE OF REPLACEMENT PARTS FOR THE ULTRAVIOLET DISINFECTION SYSTEMS AT THE BETHUNE POINT AND WESTSIDE REGIONAL WASTEWATER TREATMENT FACILITIES FROM TROJAN TECHNOLOGIES, INC., AS SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED $1,243,975.81; AND PROVIDING AN EFFECTIVE DATE. J. Adopted/Resolution No authorizing payment in the amount o $250 to Majesty Chapter #565 for the 13th Annual Easter Egg Hunt on march 24, 2018 at Derbyshire Park from the Bike Week Sponsorship Funds of Mayor Derrick Henry. A RESOLUTION AUTHORIZING GRANTS FROM THE BIKE WEEK SPONSORSHIP FEES; AND PROVIDING AN EFFECTIVE DATE. K. Adopted/Resolution No authorizing payment in the amount of: $300 to Palm Terrace Elementary School for the Principal Discretionary Fund and $ to Cultural Services for the Masonic Life Majesty Chapter #565 Easter Egg Hunt on March 24, 2018 at Derbyshire Park from the Bike Week Sponsorship funds of Commissioner Dannette Henry. A RESOLUTION AUTHORIZING GRANTS FROM THE BIKE WEEK SPONSORSHIP FEES; AND PROVIDING AN EFFECTIVE DATE. 5

6 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 Henry. The motion passed 6-to-0 with the breakdown as follows: 9. PUBLIC HEARINGS A. Adopted/Ordinance No approving a request to rezone 35f acres of land generally located north of LPGA Boulevard and east of I-95 from "County" Urban Single-Family Residential (R-2) and "City" Industrial Park (M-4) to Planned Development-General (PD-G) to allow for the construction of Buc-ee's, and authorizing the Mayor to execute the Buc-ee's Planned District Agreement, approve the 95-LPGA Preliminary Plat. City Clerk LaMagna read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT CODE TO REZONE 35f ACRES OF PROPERTY LOCATED THE NORTH OF LPGA BOULEVARD AND EAST OF I-95 FROM "COUNTY" URBAN SINGLE-FAMILY RESIDENTIAL (R-2) AND "CITY" INDUSTRIAL PARK (M-4) TO PD-G (PLANNED DEVELOPMENT-GENERAL) DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE BUC-EE'S PLANNED DISTRICT AGREEMENT WITH INDIGO DEVELOPMENT LLC, AND CONSOLIDATED-TOMOKA LAND CO., PERMITTING DEVELOPMENT OF COMMERCIAL USES; APPROVING THE PRELIMINARY PLAT FOR THE PROJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Robert Merrell, 1408 Ridgewood Avenue, Daytona Beach stated he was presenting on behalf of the applicant. He played a video for the Commission and the public. He stated the video will give them a little taste of what Buc-ee's is like. It will be the first in Florida. They are neck and neck with St Johns County. It is not a `truck stop'. They have unique food products and sell unique items. There will be 225 new jobs. Jim Cameron, 126 Orange Avenue, on behalf of the Daytona Beach Regional Chambers stated the Chambers wants to go on record in support of this project and they are very excited for it. He is excited about the 200 plus jobs and the new investment. Commissioner Gilliland clarified that there is not overnight RV parking. Mr. Merrell, stated that is correct. Commissioner Reed asked when they are anticipating them finishing. Mr. Merrell stated they are ready to start once they say yes., stated this will be one more reason to visit Daytona Beach, and living in that area he is excited for it to come. It's not just for tourists but for locals too. He believes the entire City is excited about this project and they anticpate having a great corporate relationship. 6

7 Commissioner Henry agreed with Mayor and is excited about the project. Commissioner Trager stated she sees this as not just a commercial thing, but a destination. It was moved by Commissioner Trager to adopt the Ordinance. Seconded by Commissioner White. The Ordinance was adopted 6-to-0 with the breakdown as follows: B. Passed/Ordinance amending Article 5.2.A (Principal Use Tables) of the Land Development Code to allow Tattoo Establishments as a permitted use in the following zoning districts: BR 4 Business Retail 1 BR-2 - Business Retail-2 RDB-5 - Redevelopment Beachside-Atlantic Avenue Retail RDD-7 - Redevelopment Downtown-Local Business Services RDM-3 - Redevelopment Midtown-Activity Center Mixed Use City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE AMENDING THE PRINCIPAL USE TABLE IN 5.2.A.2 OF THE LAND DEVELOPMENT CODE ("LDC") TO ADD TATTOO ESTABLISHMENT AS A PERMITTED USE IN THE 13R 1- (B 6 S P~ ESS Fd' ;FAIL-f) AND BR-2 (BUSINESS RETAIL-2) ZONING DISTRICTS; AMENDING THE PRINCIPAL USE TABLE IN 5.2.A.3 OF THE LDC TO ADD TATTOO ESTABLISHMENT AS A PERMITTED USE IN THE RDB-5 (REDEVELOPMENT BEACHSIDE-ATLANTIC AVENUE RETAIL), RDD-7 (REDEVELOPMENT DOWNTOWN-LOCAL BUSINESS SERVICES), AND RDM-3 (REDEVELOPMENT MIDTOWN-ACTIVITY CENTER MIXED USE) ZONING DISTRICTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. David Keezer, 20 S. Atlantic Ave, Daytona Beach stated the Ordinance will benefit him greatly but there needs to be a stipulation in the bill that prevents temporary vendors from coming into tattoo communities. John Nicholson, 413 N. Grandview Ave, Daytona Beach stated his opinions and concerns about not being able to read the handouts and why three different areas can be allocated into three different Community Redevelopment Areas. James Morris, Deputy City Manager stated the purpose of the amendment handout is to allow cosmetic tattooing... Robert Jagger, City Attorney stated they're on the agenda item that allows tattooing in different zones. Commissioner White asked aren't there a lot of health requirements that have to be met for tattooing. 7

8 Mr. Morris stated they have all the regulations and licensing and does not agree with the characterization from the first speaker. Commissioner White asked if there is 1000 feet spacing. Mr. Morris stated that is correct. Commissioner Gilliland asked Mr. Morris why the RDB 1 zoning was included in this. Mr. Morris answered yes, it was initiated out of the Planning Department. Commissioner Gilliland stated he's going to propose an amendment that BR1 not be included because there has been enough damage to Seabreeze Boulevard and that would do nothing but make the problem worst. He's not happy about the center of East International Speedway Boulevard being in BR2. The other areas donb't seem to be too terribly problematic. He asked Mr. Walton why BR1. Richard Walton, Planning Director stated the BR1 and BR2 were areas that currently allow shops of personal service and that that it was a similar use. The Planning Board had a couple of different workshops concerning it as well as looked at different options and after looking at it they wanted to have at least one zoning category in each of those zoning areas. Commissioner Gilliland stated he had three different people contact him about when the City started expanding the tattooing, that only wanted to do Bike Week. On the map, the only one that would be a risk of that, if they removed BRl, is that central part of East International Speedway. He's not opposed to the tattooing and opening it up any more, however, he would like to make a motion to exclude BR1 zoning from it. Commissioner Trager stated she's not against tattooing and there are already 17 areas that permit them as right. She doesn't see any necessity in adding to it because if you can't find a place in those 17 areas than you're not trying hard enough. Also, she doesn't believe it should be in redevelopment areas and does not think it's fair to those who have already obeyed the zoning for their special area to add other things. The Planning Board has passed it without the suggested standards, for example like locating within 500 feet of a single family residential area and 1000 feet within another tattoo parlor, not operate between 12:00 AM to 8:00 AM, and all street parking should be provided for use in coherence with provisions. To conclude, with the way the City is going they might as well not have any zoning whatsoever and let everybody go with whatever they want, wherever they want. We need standards and need to think of the people are there already. Commissioner White asked are the use standards in what is being talked about. Mr. Jagger, stated no, those use standards are not included because the record present does not support those standards. Commissioner White asked can they put them in. Mr. Jagger answered from a legal perspective he recommends they do not because they'll be subject to challenge based on the records they have and the Planning Board did not approve those use standards. 8

9 Commissioner White stated in her understanding she was reading that it was being passed with the use standards. Mr. Jagger stated that is not the recommendation staff and not the recommendation of legal. Mr. Walton stated it was discussed with the Planning Board as different options, there were different workshops from a legal standpoint but wasn't a legal reason where they could separate or provide those standards. Mr. Jagger stated the recent case that has come out from Key West, Florida, and other cases, require that if you have these sort of separations, there also has to be an factual bases for those requirements which is called secondary effects. The courts have recognized secondary effects for adult uses but the court has not recognized any secondary effects as it relates to tattooing. Instead, they found the act of tattooing is a first amendment protectant speech and unless there is something on record to support those secondary effects then there wouldn't be a basis to adopt the separation requirements. As his legal recommendation they have the option to approve it or go fight it in court, if it's challenged. Commissioner White stated so it's not in the Resolution but in the back up. Mr. Walton stated it was part of the staff report that was discussed with the Planning Board. Commissioner White stated ok, so those use standards aren't in the Resolution. Mr. Walton stated correct. Commissioner Gilliland stated he's recognized this situation has been discussed before with other business types, particularly with the space requirements. He agrees with the Commissioner Trager part of way but believes this is something the City needs to do and be consistent with the ruling that came out of the Key West, Florida case. However, his concern is since two of these businesses so far have come before the Commission, they are adult oriented businesses, licensed by the County and has health standards that are followed. Clearly with the County it is a well established machine when it comes to approving those temporary businesses because they approve them temporarily on County land around Iron Horse. Certainly it is something that the Commissioners as policy makers need to think about because they need to be aware of those unintended consequences. Moreover, he does not think Seabreeze would be appropriate for it. They received some bad advice from the prior City Attorney about spacing requirements for bars on Seabreeze and then ended up with seven in a one block area. He feels the City has done enough damage with not being tighter on their restrictions with Seabreeze in the past and this would be something even worse. According to the rest of the areas the only one that gives him a concern is the middle of East International Speedway Boulevard but would be agreeable to move it forward without BR1. Commissioner Reed asked are you referring to Nova Road and International Speedway Boulevard. Commissioner Gilliland stated East International Speedway Boulevard. Near the bridge is BRI zoning. He refers to the map of where he would like to remove Seabreeze, the river portion of East International Speedway Boulevard and two spots along Ridgewood Avenue. Mr. Morris stated for purposes of clarity for the record he has attachment A, which is the map for the Commissioners and public to see. 9

10 stated there's been a motion and some valid point have been made. Commissioner White stated she'll second the motion so it can be discussed further. Commissioner Reed commented she believes Seabreeze has suffered enough. Commissioner Trager stated she just wants the City to be cognizant of the businesses that are already there. She agrees there needs to be some zoning but if it keeps changing then they might as well just do away with it all. For instance, they wanted to have a gas station on Seabreeze but it says you're not supposed to and at that time no one mentioned tattoo parlors and maybe none of those jewelry stores and others established there didn't want to set up within blocks of a tattoo parlor but now it will be there. asked Mr. Jagger does he thinks it meets the threshold. Mr. Jagger stated he's certain the intent in adopting those zones was to allow alternatives throughout the City. Commissioner Trager stated there are a lot of the BA zoning in the City. Mr. Jagger stated it will be subject to challenge, no matter what they do and if someone is denied a permit then the City will just have to deal with it on a case to case bases. aked if it reduces the chances. Mr. Jagger stated because there are more alternative sites for that public expression reduces the chances of suit. He suggested that since there is an amendment, that they take public comment on the amendment. Mr. Keezer stated it is very easy to open up a tattoo shop in a matter of days and head out of town. He spoke in favor of the amendment. Mr. Nicholson stated his opinion about the bars on Seabreeze and spoke in favor of the amendment. Sandra Rose, 935 N. Halifax Ave, Daytona Beach, stated her concerns and opinions about tattoo parlors and feels the City should put some type of safety guards around temporary tattoo shops opening up. However, if there is a legit tattoo parlor that goes by all the rules then they should be allowed to be there. asked is it possible to put some stipulation that prohibits temporary because he doesn't want any more itinerary venues anyway. What's the use. Mr. Jagger stated under the zoning code it would be treated as any other business would. Including a BTR, business tax receipt, being up to code in terms of fire and building, and their state permits which would be required for tattooing. Mainly, come in full compliance before they can operate but be treated the same as any other business that opens up in their zoning district with those activities allowed. 10

11 commented it doesn't sound like there's another way for them to put another stipulation that says they have to be open so many days because they wouldn't have to tell you that they're temporary. Mr. Jagger stated yes, that is exactly what he's saying because businesses go out of business from time to time. Commissioner Gilliland commented just like the T-shirt Shops business that opened up on Main Street the City has no ability to regulate them because they rent it for a month and then they're out. The only way to get rid of it would be to vote the whole thing down and not allow it. Robert Howard, 935 S. Atlantic Ave, Daytona Beach stated he's been a tattoo artist for 20 years and relocated to the City to chase his American dream. He stated he's not opposed to the BR1 amendment but there are certain areas that shouldn't be restricted because tattoo parlors are not what they used to be. It was moved by Commissioner Gilliland to amend the Ordinance to remove the BR-I Zoning District. Seconded by Commissioner White. The motion passed 6-to-0 with the breakdown as follows: It was moved by Commissioner White to pass the Ordinance as amended. Commissioner Gilliland. The motion passed 5-to-I with the breakdown as follows: Seconded by 10. ADMINISTRATIVE HEARINGS Commissioner Trager Nay A. Passed/Ordinance amending Article I I (Definitions) of the Land Development Code to amend the definition for Tattoo Establishment and add a definition for Cosmetic Permanent Eye Makeup Establishment. City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE AMENDING 11.5 OF THE LAND DEVELOPMENT CODE TO CREATE A DEFINITION FOR COSMETIC PERMANENT EYE MAKEUP ESTABLISHMENT AND AMEND THE DEFINITION FOR TATTOO ESTABLISHMENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. No comments. 11

12 It was moved by Commissioner White to pass the Ordinance on first reading. Seconded by Commissioner Gilliland. The Ordinance passed 6-to-0 with the breakdown as follows: B. Passed/Ordinance approving a request to rezone 80f acres of land generally located west of Williamson Boulevard, north of LPGA Boulevard, and south of Strickland Range Road from "County" R-2 Single Family zoning to "City" Planned Development-General (PD-G) to allow for development as an industrial site, and authorize the Mayor to sign the Williamson Boulevard Industrial Planned District Agreement. City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT CODE TO REZONE 80± ACRES OF PROPERTY GENERALLY LOCATED WEST OF WILLIAMSON BOULEVARD, NORTH OF LPGA BOULEVARD, AND SOUTH OF STRICKLAND RANGE ROAD FROM "COUNTY" R-2 (SINGLE FAMILY) TO "CITY" PD-G (PLANNED DEVELOPMENT-GENERAL) DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE WILLIAMSON BOULEVARD INDUSTRIAL PLANNED DISTRICT AGREEMENT WITH CONSOLIDATED-TOMOKA LAND CO., PERMITTING DEVELOPMENT AS AN INDUSTRIAL PARK WITH LIMITED OFFICE AND COMMERCIAL USES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. No comments. It was moved by Commissioner Trager to pass the Ordinance on first reading. Commissioner White. The Ordinance passed 6-to-0 with the breakdown as follows: Seconded by 12

13 C. Passed/Ordinance approving a request to rezone 19± acres of land generally located on the east side of Tomoka Farms Road, West of Interstate-95 (1-95), Southeast of CarMax, and North of International Speedway Boulevard from Single-Family Residential-5 (SFR-5) to Planned Development-General (PD-G) to allow for an auto dealership, including commercial, industrial, and institutional uses, and their associated site improvements, and authorizing the Mayor to execute the CVJCR Properties Planned District Agreement. City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT CODE TO REZONE 19± ACRES OF PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF TOMOKA FARMS ROAD, WEST OF INTERSTATE-95 (I-95), SOUTHEAST OF CARMAX, AND NORTH OF INTERNATIONAL SPEEDWAY BOULEVARD, FROM SFR-5 (SINGLE- FAMILY RESIDENTIAL) TO PD-G (PLANNED DEVELOPMENT-GENERAL) DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CVJCR PROPERTIES PLANNED DISTRICT AGREEMENT WITH CVJCR PROPERTIES, LTD., LLLP., PERMITTING DEVELOPMENT OF THE PROPERTY WITH VARIOUS COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL USES, INCLUDING AUTOMOBILE SALES AND SERVICE, SUBJECT TO DEVELOPMENT STANDARDS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. No comments. It was moved by Commissioner Trager to pass the Ordinance on first reading. Commissioner White. The Ordinance passed 6-to-0 with the breakdown as follows: Seconded by D. Passed/Ordinance adopting a Small Scale Comprehensive Plan Amendment (SSCPA) changing the Future Land Use Map designation for 0.14± acre (two parcels) of land located at 708 Butler Boulevard and 315 N. Coates Street from Office Residential to Commercial Mixed Use and amending the Future Land Use Element, Neighborhood "B", of the Comprehensive Plan to allow the development of a parking lot for a proposed restaurant. City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE ADOPTING A COMPREHENSIVE PLAN AMENDMENT IN ACCORDANCE WITH , FLORIDA STATUTES; AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP; CHANGING THE FUTURE LAND USE DESIGNATION OF 0.14± ACRES OF PROPERTY LOCATED AT 708 BUTLER BOULEVARD AND 315 N. COATES STREET FROM "OFFICE RESIDENTIAL" TO "COMMERCIAL MIXED USE'"; AMENDING THE FUTURE LAND USE ELEMENT FOR NEIGHBORHOOD "B"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. No comments. 13

14 It was moved by Commissioner Trager to pass the Ordinance on first reading. Commissioner White. The Ordinance passed 6-to-0 with the breakdown as follows: Seconded by E. Passed/Ordinance approving a request to rezone 0.33± acre of land located at 315 N. Atlantic Avenue from Beachside Redevelopment-Atlantic Retail (RDB-5) and Residential Professional (RP) to Planned Development-Redevelopment (PD-RD) to allow the construction of a Jimmy John's restaurant with a drive-through service, and authorizing the Mayor to execute the 315 N. Atlantic- Jimmy Johns Planned District Agreement. City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT CODE TO REZONE 0.33 ± ACRES OF PROPERTY LOCATED AT 315 N. ATLANTIC AVENUE FROM RDB-5 (BEACHSIDE REDEVELOPMENT-ATLANTIC RETAIL) AND RP (RESIDENTIAL PROFESSIONAL) TO PD-RD (PLANNED DEVELOPMENT- REDEVELOPMENT) DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE 315 N. ATLANTIC AVENUE-JIMMY JOHNS PLANNED DISTRICT AGREEMENT WITH GDAF INVESTMENTS, LIMITED PARTNERSHIP AND TRIEBEL FAMILY FOODS, INC., PERMITTING RESTAURANTS WITH DRIVE-THROUGH SERVICE AND ADDITIONALLY ALL RDB-5 ZONING DISTRICT PERMITTED USES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECT DATE. No comments. It was moved by Commissioner Trager to pass the Ordinance on first reading. Commissioner White. The Ordinance passed 6-to-0 with the breakdown as follows: Seconded by F. Adopted/Resolution No appointing one member to the Citizen Advisory Committee, a subcommittee of the Volusia Transportation Planning Organization (TPO). Recommendations for this committee is to come from the city's representative on the TPO Board which is Commissioner Robert Gilliland. Commissioner Gilliland is recommending Sue Habel. City Clerk LaMagna read the Resolution by title only. A RESOLUTION RECOMMENDING THE APPOINTMENT OF SUE HABEL AS REPRESENTATIVE FOR THE CITY OF DAYTONA BEACH ON THE CITIZEN'S ADVISORY COMMITTEE OF THE VOLUSIA COUNTY TRANSPORTATION PLANNING ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. No comments. 14

15 It was moved by Commissioner Trager to adopt the Resolution. Seconded by Commissioner White. The Resolution was adopted 6-to-0 with the breakdown as follows: 81. Adopted/Resolution No authorizing the purchase of one new B&W Tek hand held Raman spectrometer for identification of narcotics from Safeware, Inc Forbes Blvd Lanham, MD under US Communities Contract No in an amount not to exceed $29, This device is new, cutting edge technology that enables users to identify specific and dangerous narcotics without handling raw drugs. This will improve the safety of Daytona Beach Police Officers when handling narcotics. The purchase includes one B&W Tek Tactic ID, all necessary hardware, training, disposable supplies and 5 year extended factory warranty. City Clerk LaMagna read the Resolution by title only. A RESOLUTION APPROVING THE PURCHASE OF A SPECTROMETER AND RELATED EQUIPMENT, INCLUDING EXTENDED WARRANTIES, FOR THE POLICE DEPARTMENT FROM SAFEWARE, INC., FOR A TOTAL AMOUNT NOT TO EXCEED $29,389.83, GENERALLY INCORPORATING THE TERMS AND CONDITIONS OF U.S. COMMUNITIES COOPERATIVE PURCHASING CONTRACT NO ; AND PROVIDING AN EFFECTIVE DATE. Craig Capri, Chief of Police, stated this piece of equipment will be used to test drugs and for officer safety. He explained how the drugs are currently being tested and much better this testing equipment will be. It eliminates false-positives and it is a definitive result. It also protects the officers administering the test. The funds are coming out of drug funds so there is no cost to the City., stated he is delighted to see this. Commissioner Trager thanked the City Manager for pulling this item so that Chief Capri could explain it. It was moved by Commissioner Trager to adopt the Resolution. Seconded by Commissioner White. The Resolution was adopted 6-to-0 with the breakdown as follows: 15

16 11. PUBLIC COMMENTS Mary Synk, 1225 Gamble Place, Daytona Beach, told a story about various people who own vacation rentals and claimed the City shut them down. Krista Goodrich, 1303 N Atlantic Avenue, Daytona Beach, asked the commission to open a discussion regarding vacation rentals. She listed the benefits of vacation homes and the business they bring to the City. She listed various violations over the years and indicated the majority of them were not from vacation homes. She that this issue be placed on a future agenda. Ethan Trudeau, 6112 Pleasant Ridge Dr., Port Orange, stated the urgency on moving with the homeless situation. Larry Adams, 424 N. Charles Street, Daytona Beach, stated the jails are run by private companies and not by the State or Federal Government. He suggested improving the jails, and training and educating the police. Lynn Marie Schmidt, 340 North Street, Daytona Beach, stated the homeless situation is getting worse. She stated the commission's decision is very important. Michael Pastore, 1508 Virginia Avenue, Daytona Beach, stated there is a war on the homeless in the City on public property. He stated if they don't respect their existence, they could expect resistance, political pressure and publicity. Doyle Lewis, 340 North Street, Daytona Beach thanked everyone involved in making decisions to get the First Step Shelter (FSS) rolling. He stated you get somewhere by making decisions and following through with it before you make another one. John Nicholson, 413 Grandview Avenue, Daytona Beach suggested when maps are shown at the meeting that the public needs to see it too. He mentioned parking situation for Starlite Diner. He stated that outside vending is allowed based on our laws. He stated the homeless situation is not about homelessness, it's about breaking the law when they block traffic and walkways unless they are paid. Jeremy Jimenez, 903 Magnolia Avenue, Holly Hill, stated he wants to get vacation rentals on the agenda for discussion. Mike Denis, 625 Lennox Avenue, Daytona Beach, stated, he is an advocate for short-term rentals and would like to be able to talk about on the agenda. Joann King, 507 Jessamine Boulevard, Daytona Beach, stated she has a vacation rental and ask the commission to take closer look at vacation rentals. Danny Fuqua, 412 Aleatha Drive, Daytona Beach, stated he is in support of vacation rentals. He stated he uses them when he travels with his family. He stated if you target quality people and set strict regulations, you can't go wrong. Linda Smiley, 357 Manhattan, Daytona Beach, stated she is not in favor of vacation rentals. She stated there is no follow-up with the commission and a lack of communication. She state the homeless have a right to stand on corners with their signs. 16

17 12. COMMISSION COMMENTS Commissioner White stated it's always a pleasure to work with the Commission. She asked if the State still looking at the vacation rental issue or if it's up to the City to regulate it now. Robert Jagger, City Attorney, stated there is a grandfathering clause in the State law which the City of Daytona Beach falls under that allows our existing regulations to be grandfathered. If we to amend those regulations, we will be subject to open up to all districts to allow vacation rentals. stated he cannot imagine supporting that. Mr. Jagger stated that several of the speakers here tonight ware involve in a lawsuit against the City and our rules. Commissioner Gilliland stated it wasn't that long ago that Tracey Remark brought a parade of citizens in here to state how horrible the vation rentals are. We need to sift through the information and decide was is accurate. He stated we have the list of projects for '/z cent sales tax and he feels they should have a workshop on that. He stated he is concerned about putting things on the list that are eligible for State and Federal funding. If we get too many of things on the list we actually are going to short change what funds coming out of our federal taxes. He stated that the Mayor mentioned something about trails and he is agrees with that, there are dedicated sources for dollars for those projects. He would like some sort of conversation and for everyone to turn in a list of projects. He is thinking about street repaving and he thinks the residents will understand the value of getting the people that do not live here and visit here to pay for some of our infrastructure. He asked to have a discussion. James V. Chisholm, City Manager, stated they have a Strategic Planning session on March 21" at 4:30 p.m. and that session would include the sale tax and all the projects associated with it. stated that is not what he thought they would be doing in Strategic Planning, but asked if that was what the City Manager had planned. Commissioner Gilliland stated he thought the planning session was for everyone to put in their priority list for the next budget year. Mr. Chisolm stated that is correct. Commissioner Gilliland stated he is talking about the '/z Cent Sales Tax passes and their priorities specific to that. Mr. Chisolm stated they would like to cover that in the same time. stated he thinks that Commissioner Gilliland wants, and he agrees, a workshop on the Sales Tax specifically. They may not have enough time at the Strategic Planning. Commissioner Gilliland suggested that they try to follow the school model to have a list for public to understand, if this passes, what is going to included. agreed and stated that they want the residents to feel that what we are going to do with the money is something will benefits them, so they have a reason to vote for it. 17

18 Commissioner Henry stated this issue is very important and it is important to decide where the money will go. He main concern right now is infrastructure and roads. Commissioner Reed stated she was happy to be there tonight. responded that they are glad she was there. Commissioner Trager stated that the Mayor Fitness Challenge going well and Zone Cleaning was going to start in Zone 1 on March 24th. She encouraged everyone to come out, not just people that live in that zone. It would be great to have a community where people from each zone come out to help in other zones. She spoke about attending the 91 st birthday celebration of James Daniels, along with the Mayor and his contributions to the community. She talked about the safety issues of panhandling in the roads. She would like to see some follow up on the benches. She talked about issues with First Step. She stated she is rethinking her opinion on the short term rental issues. stated if an individual happens to be homeless at this time, he would encourage members of the community to work with them to ensure that they are not homeless this time next year. The City has decided the direction of where our resources are going to go as it relates to addresses those issues here. They have made a decision and they will push ahead toward that decision. He is always open to dialog and conversation about anything and that includes the issue of vacation rentals however, he is not in agreement with just changing what they've done if it's not going to allow them to have some control over it. He believes that people that invest in properties in our community are valuable to our community, however the City has had it's share of problem investors; people that would be considered slumlords that rent their properties to anyone. We have to be open to figure out how we may fit vacation rentals responsibly into the community if it is possible. He announced that the July 4th City Commission meeting is moved to July 11th due to the holiday. ADJOURNMENT There being no further discussion or comments the meeting was adjourned at 8:04 p.m. 18

19 DERRICK L. HENRY Mayor ATTEST: Letitia LaMagna City Clerk Adopted: March 21, 2018 RECORD REQUIRED TO APPEAL: In accordance with Florida Statute if you should decide to appeal any decision the Commission makes about any matter at this meeting, you will need a record of the proceedings. You are responsible for providing this record. You may hire a court reporter to make a verbatim transcript, or you may buy a cd of the meeting for $2.00 at the City Clerk's office. Copies of cds are only made upon request. The City is not responsible for any mechanical failure of the recording equipment. 19