City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be

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City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be AGENDA CITY COUNCIL MEETING April 24, 2018 7:00 p.m., Community Center, 3048 S. Atlantic Ave.

1 City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be AGENDA CITY COUNCIL MEETING April 24, :00 p.m., Community Center, 3048 S. Atlantic Ave. Daytona Beach Shores, FL Upon being recognized, a member of the public shall proceed to the podium and give his or her name and address and may, thereafter, speak for a maximum of three minutes on any matter relevant to a specific agenda item. During Audience Comments, a member of the public may speak on any matter relevant to City business which is not on the agenda, for a maximum of three minutes in accordance with Section 2-1.1(d) and 2-2 of the City Code. In accordance with Section 2-2, during periods set aside for public discussion any person desiring to speak shall secure a form located at the agenda table, complete the form and present it to the City Clerk so the speaker can be recognized by the presiding officer. The use of profanity, obscene language, threats or any violent or abusive conduct by any person shall constitute a violation of this section. It shall be the duty of the Director of Public Safety, upon the order of the presiding officer at any such meeting, to forcibly, if necessary, evict any person violating the provisions of this section from the Council Meeting Hall. Any such violation shall subject the offender, upon conviction thereof, to a fine and/or imprisonment as prescribed by Section 1-8. CALL TO ORDER BY MAYOR ROLL CALL BY CITY CLERK CEREMONIAL MATTERS: PRAYER PLEDGE OF ALLEGIANCE 1. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: Employee Service Award BUSINESS OF THE CITY COUNCIL: ORDER OF BUSINESS 2. APPROVAL OF THE MINUTES: March 27, 2018 and April 10, CONSENT AGENDA: Monthly Departmental Reports Monthly Financial Reports Approval for Special Events Permit for FOE Aerie 4469 City Council 4/24/ P age

2 4. REPORTS OF THE CITY ATTORNEY: 5. REPORTS OF THE CITY MANAGER: OLD BUSINESS: NEW BUSINESS: 6. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA APPROVING A PROPOSAL FOR PHOTOGRAPHIC ART WORK/SIGNAGE UNDER THE CITY'S ECONOMIC DEVELOPMENT AND GOVERNMENTAL SIGNAGE; PROVIDING FOR LEGISLATIVE AND ADMINISTRATIVE FINDINGS; APPROVING AN ALTERNATIVE FORM OF ECONOMIC DEVELOPMENT ACTIVITY SIGN LICENSE; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and Public Hearing. 7. Resolution A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA SUPPORTING THE ONE YEAR RENEWAL TO THE INTERLOCAL AGREEMENT FOR DISTRIBUTION OF PROCEEDS OF LOCAL OPTION FUEL TAX FOR THE PERIOD OF SEPTEMBER 1, 2018 AUGUST 31, 2019; AND PROVIDING AN EFFECTIVE DATE. First Reading and Public Hearing. 8. APPROVAL OF SIGN ART LICENSE FOR S ATLANTIC LP 9. COUNCIL COMMENTS: 10. AUDIENCE REMARKS/PUBLIC COMMENTS: 11. ITEMS RECOMMENDED FOR THE NEXT AGENDA: 12. ADJOURNMENT: Notice is hereby given to all interested parties that if a person should decide to appeal any decision made at the aforementioned meeting of the City Council, such person will need a recording of the proceedings conducted at such meeting, and for such purpose he or she may need to ensure that a verbatim record of the proceedings was made; such record to include testimony and evidence upon which any appeal shall be based. Please be advised that all City Council Meetings are recorded. Note: Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations for this public meeting should contact the Office of the City Clerk at 2990 S. Atlantic Avenue, Daytona Beach Shores, FL 32118, or telephone at least seven working days prior to the meeting. City Council 4/24/ P age

3 PRESENTATIONS AND PUBLIC NOTICES: Employee Service Awards Meegan Wilmot 5 years

8 MINUTES CITY COUNCIL MEETING April 10, S. Atlantic Ave. Daytona Beach Shores, FL Present: CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice, and Council Member Lorraine Geiger. Staff: City Manager Michael Booker, City Clerk Cheri Schwab, City Attorney Lonnie Groot, Community Services Director Fred Hiatt, City Planner Stewart Cruz, Finance Director Kurt Swartzlander and Public Safety Director Stephan Dembinsky. 1. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: Employee Service Awards Director Hiatt presented Wayne Delin with his 15-year service award and Matt Thomas with a 10-year service award. Director Dembinsky presented Dave Lockwood with his 5-year service award and Liz Ortman with a 15-year service award. 2. APPROVAL OF THE MINUTES: March 13, 2018 City Council Meeting and March 6, 2018 Special Joint City/County Meeting CMBR GEIGER moved, seconded by CMBR LINDAUER to approve the minutes of March 13, Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. CMBR RICE moved, seconded by CMBR GEIGER to approve the minutes of March 6, Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. 3. CONSENT AGENDA: Approval to spend $500 from Contraband for kid s fishing tournament CMBR LINDAUER moved, seconded by CMBR RICE to approve the consent agenda. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. 4. REPORTS OF THE CITY ATTORNEY: City Council 4/10/ P age

9 Attorney Groot requested permission to send the draft sett with county dated march 20 th. Consent to transmit to the county with a cover letter and summary. CMBR LINDAUER moved, seconded by CMBR RICE to transmit the draft settlement agreement dated March 20, 2018, to the County of Volusia for review. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. 5. REPORTS OF THE CITY MANAGER: The City Manager congratulated CMBR Lindauer for completing IEMO 3 and presented him with an attendance certificate. OLD BUSINESS: 6. ORDINANCE AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA REPEALING CHAPTER 16¼ OF THE CODE OF ORDINANCES OF THE CITY OF DAYTONA BEACH SHORES; PROVIDING FOR LEGISLATIVE AND ADMINISTRATIVE FINDINGS AND INTENT; PROVIDING FOR REGULATION OF THE CITY'S PARKS AND RELATED FACILITIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION, DIRECTIONS TO THE CODE CODIFIER AS WELL AS THE CORRECTION OF SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading & Public Hearing. CMBR Bryan stated that he did not agree with the savings provision of the ordinance. CMBR RICE moved, seconded by CMBR GEIGER to adopt Ordinance on second reading. Vote: Motion passed (summary: Yes = 4, No = 1). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, Mayor Harry Jennings, Vice Mayor Peggy Rice. No: CouncilMember Richard Bryan. 7. ORDINANCE AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA RELATING TO THE SALE OF CITY REAL ESTATE LOCATED AT 1906 South ATLANTIC AVENUE; ADOPTING EXHIBITS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AS WELL AS THE CORRECTION OF SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading & Public Hearing. CMBR Bryan questioned the amount of the earnest money thinking it was very small. Attorney Groot explained that the money simply bound the buyer into completing the contract. CMBR GEIGER moved, seconded by CMBR LINDAUER to adopt Ordinance on second reading. Vote: Motion passed (summary: Yes = 4, No = 1). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, Mayor Harry Jennings, Vice Mayor Peggy Rice. No: CouncilMember Richard Bryan. City Council 4/10/ P age

10 NEW BUSINESS: 8. RESOLUTION A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, AMENDING THE GENERAL FUND BUDGET, PROVIDING FOR APPROPRIATIONS; PROVIDING AN EFFECTIVE DATE. First Reading & Public Hearing. CMBR LINDAUER moved, seconded by CMBR GEIGER to adopt Resolution on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. 9. RESOLUTION A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA AMONG OTHER THINGS IMPLEMENTING THE PROVISIONS OF ORDINANCE NUMBER ; PROVIDING FOR AN EXHIBIT; PROVIDING FOR LEGISLATIVE AND ADMINISTRATIVE FINDINGS AND INTENT; PROVIDING FOR RULES REGULATING THE CITY'S PARKS AND RELATED FACILITIES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. First Reading & Public Hearing. CMBR RICE moved, seconded by CMBR GEIGER to adopt Resolution on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. 10. Approval to award contract to MUSCO Lighting in the amount of $148,500 for Pickleball lights. It was explained that the lights will better illuminate the entire court and no longer have shadows. The contract also piggybacks Clay County for pricing. CMBR GEIGER moved, seconded by CMBR RICE to approve the contract with MUSCO Lighting in the amount of $148,500. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. City Council 4/10/ P age

11 11. Approval to award non-conforming sign grant to Hawaiian Inn Beach Resort CMBR GEIGER moved, seconded by CMBR RICE to approve the sign grant to Hawaiian Inn. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. 12. COUNCIL COMMENTS: CMBR Lindauer thanked city staff for working with the townhomes while their roads were recoated. 13. AUDIENCE REMARKS/PUBLIC COMMENTS: John Ersland inquired if the city could look into limiting density inside future condominiums to curb population growth. 14. ITEMS RECOMMENDED FOR THE NEXT AGENDA: None. 15. ADJOURNMENT: The meeting ended at 7:24 pm. MAYOR HARRY H. JENNINGS CITY MANAGER MICHAEL T. BOOKER ATTEST: CITY CLERK, CHERI SCHWAB City Council 4/10/ P age

57 Reports of the City Attorney

58 Reports of the City Manager

59 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA APPROVING A PROPOSAL FOR PHOTOGRAPHIC ART WORK/SIGNAGE UNDER THE CITY'S ECONOMIC DEVELOPMENT AND GOVERNMENTAL SIGNAGE; PROVIDING FOR LEGISLATIVE AND ADMINISTRATIVE FINDINGS; APPROVING AN ALTERNATIVE FORM OF ECONOMIC DEVELOPMENT ACTIVITY SIGN LICENSE; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section (9), Florida Statutes, provides as follows: (9)(a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the municipalities of the state. (b) The governing body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a municipality, including any powers not specifically prohibited by law which can be exercised by the governing body of a municipality, shall be liberally construed in order to effectively carry out the purposes of this subsection. (c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community. (d) Nothing contained in this subsection shall be construed as a limitation on the home rule powers granted by the State Constitution for municipalities. ; and 1 P age

60 WHEREAS, Section (21), Florida Statutes, (part of the State Comprehensive Plan) provides as follows: (21) THE ECONOMY.-- (a) Goal. --Florida shall promote an economic climate which provides economic stability, maximizes job opportunities, and increases per capita income for its residents. (b) Policies Attract new job-producing industries, corporate headquarters, distribution and service centers, regional offices, and research and development facilities to provide quality employment for the residents of Florida. 2. Promote entrepreneurship and small and minority-owned business startup by providing technical and information resources, facilitating capital formation, and removing regulatory restraints which are unnecessary for the protection of consumers and society. 3. Maintain, as one of the state's primary economic assets, the environment, including clean air and water, beaches, forests, historic landmarks, and agricultural and natural resources. 4. Strengthen Florida's position in the world economy through attracting foreign investment and promoting international banking and trade. 5. Build on the state's attractiveness to make it a leader in the visual and performing arts and in all phases of film, television, and recording production. 6. Promote economic development for Florida residents through partnerships among education, business, industry, agriculture, and the arts. 7. Provide increased opportunities for training Florida's workforce to provide skilled employees for new and expanding business. 8. Promote economic self-sufficiency through training and educational programs which result in productive employment. 9. Promote cooperative employment arrangements between private employers and public sector employment efforts to provide productive, permanent employment opportunities for public assistance recipients through provisions of education opportunities, tax incentives, and employment training. 10. Provide for nondiscriminatory employment opportunities. 11. Provide quality child day care for public assistance families and others who need it in order to work. 12. Encourage the development of a business climate that provides opportunities for the growth and expansion of existing state industries, particularly those industries which are compatible with Florida's environment. 13. Promote coordination among Florida's ports to increase their utilization. 14. Encourage the full utilization by businesses of the economic development enhancement programs implemented by the Legislature for the purpose of extensively involving private businesses in the development and expansion of permanent job opportunities, especially for the economically disadvantaged, through the utilization of enterprise zones, community development corporations, and other programs designed to enhance economic and employment opportunities. 2 P age

61 ; and WHEREAS, the City Council of the City of Daytona Beach Shores desires that the economy of the City of Daytona Beach Shores be one that is vibrant, creative, flexible, dynamic, and modern as well as an economy that attracts and retains high quality businesses and economic generators to the City of Daytona Beach Shores; and WHEREAS, the City Council of the City of Daytona Beach Shores has concluded that a positive means and method to economically develop the City of Daytona Beach Shores in an effective and beneficial manner would be to provide for a system of economic development activity signage whereby the City could provide for governmental speech at targeted locations that encourage economic development activity relating to real property sales and purchases within the City; and WHEREAS, a significant part of the economic activity within the City of Daytona Bach Shores is generated by real property transaction and the purchase of properties by persons who become permanent or regular residents of the City and the City Council of the City of Daytona Beach Shores has concluded that the City signage program as herein provided will promote targeted essential economic activity within the City; and WHEREAS, the City Council of the City of Daytona Beach Shores enacted Section 6-18 of the City Code relating to government speech on signage, the licensure of economic development activity signage and related matters; and WHEREAS, the City Council of the City of Daytona Beach Shores has deemed approval of this Resolution and the approval to be in the best interest of the residents and citizens of the City of Daytona Beach Shores and to further the public health, safety and welfare; and 3 P age

62 WHEREAS, the City Council of the City of Daytona Beach Shores desires to ensure and enhance the economic development of the City and the economic wellbeing of the citizens of the City; and WHEREAS, this Resolution is enacted pursuant to the home rule powers of the City of Daytona Beach Shores as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter 166, Florida Statutes, and other applicable controlling law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, as follows: SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS. (a). The City of Daytona Beach Shores has complied with all requirements and procedures of Florida law in processing this Resolution. (b). The foregoing recitals (whereas clauses) are hereby ratified, affirmed and confirmed as being true and correct and are hereby made a part of this Resolution. SECTION 2. APPROVAL OF ECONOMIC DEVELOPMENT ACTIVITY SIGNAGE. (a). The City Council of the City of Daytona Beach Shores have reviewed and evaluated, and hereby approves, the economic development activity signage proposed by S ATLANTIC LP relative to property described in the attached Sign Art License For Economic Development Activity Signage which relates to the placement of a public message in the context of photographic art work/signage promoting the sale of real property and the economy of the City. (b). The photographic art work/signage is depicted in the License as is the location of the photographic art work/signage on the subject property. SECTION 3. IMPLEMENTING ADMINISTRATIVE ACTIONS. (a). The City Manager is hereby authorized and directed to generally implement the provisions of this Resolution and to take any and all necessary administrative actions to bring into effect the 4 P age

63 provisions of this Resolution in accordance with controlling law as he may deem appropriate under the City of Daytona Beach Shores City Charter. (b). Without limiting the generality of the foregoing, the City Manager shall take steps to memorialize the approval herein including, but not limited to, by obtaining the execution of the License by the Mayor and other appropriate persons. SECTION 4. SAVINGS. The prior actions of the City of Daytona Beach Shores in terms of the matters relating to City economic development matters and the implementation of its economic development activity signage program, as well as any and all related matters, are hereby ratified and affirmed. SECTION 5. CONFLICTS. All resolutions or part of resolutions in conflict with this Resolution are hereby repealed. SECTION 6. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise to be invalid, unlawful, or unconstitutional. 5 P age

64 SECTION 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon passage and adoption. CITY OF DAYTONA BEACH SHORES, FLORIDA MAYOR, HARRY H. JENNINGS Attest: CITY MANAGER, MICHAEL T. BOOKER CITY CLERK, CHERI SCHWAB Approved as to form and legality: CITY ATTORNEY, LONNIE GROOT Adopted this 24th day of April, Posted this 24th day of April, P age

65 RESOLUTION A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA SUPPORTING THE ONE YEAR RENEWAL TO THE INTERLOCAL AGREEMENT FOR DISTRIBUTION OF PROCEEDS OF LOCAL OPTION FUEL TAX FOR THE PERIOD OF SEPTEMBER 1, 2018 AUGUST 31, 2019; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this renewal is entered into between the County of Volusia, a political subdivision of the State of Florida, and the municipalities of Volusia County by which it is executed; WHEREAS, the existing Interlocal Agreement governing the distribution of the Local Option Fuel Taxes expires on midnight, August 31, 2018; WHEREAS, the parties desire to renew the Interlocal Agreement and its distribution formula for the proceeds of the 6-cent and 5-cent Local Option Fuel Taxes for an additional year; NOW, THEREFORE, and in consideration of the premises above, and the mutual covenants; contained herein, the parties hereby agree as follows: Section 1. The Interlocal Agreement for Distribution of Proceeds of Local Option Fuel Tax September I, August 31, 2018 is hereby renewed for an additional one (1) year, beginning at 12:01 a.m., September 1, 2018 and ending midnight, August 31, Section 2. All other terms and conditions of the Interlocal Agreement are hereby ratified and continue in full force and effect. Section 3. This Renewal Agreement shall become effective if it shall have been executed by the County and by participating municipalities representing a majority of the population of the incorporated area of the County. Section 4. This Renewal Agreement may be executed by the parties in counterparts, and each counterpart shall be deemed an original. CITY OF DAYTONA BEACH SHORES, FLORIDA MAYOR, HARRY H. JENNINGS

66 Attest: CITY MANAGER, MICHAEL T. BOOKER CITY CLERK, CHERI SCHWAB Approved as to form and legality: CITY ATTORNEY, LONNIE GROOT Adopted this 24th day of April, Posted this 24th day of April, 2018.

82 Council comments

83 Audience remarks

84 Items for the next agenda

City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be

City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be AGENDA CITY COUNCIL MEETING July 24, 2018 7:00 p.m., Shores Community Center, 3000 Bellemead Drive Daytona Beach Shores,