MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Mary S. Martin

            Councilman Dennis Kennedy

                        Councilman Robert Pohlmann

            Councilman George Steindoerfer

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        April 26, 2005

 

Date:               April 18, 2005

 

 

C.    Town Center Redevelopment Agency Meeting

 

At this time, Council will convene as the Town Center Redevelopment Agency.

 

D.    CONSENT AGENDA

 

Item 4 -           Project Managers’ Report

 

Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.

 

Item 5 -           Settlement Agreement with Onyx    Part I     Part II

 

Staff has met with representatives from Onyx to reach agreement concerning the billing from Onyx for debris removal during last year’s hurricane season.  The amount of the settlement is $92,491.65.  Staff recommends approval.

 

Staff recommends that Council approve the attached Settlement Agreement with Onyx and to authorize the Mayor and City Manager to execute the document.

 

Item 6 -           Purchase of Lift Station Bypass Pump Under “Piggyback” with City of Fort Lauderdale

 

The Public Utilities Department of the City of Port Orange presently operates and maintains in excess of 100 sanitary sewage pump stations.  For emergencies, we presently possess only 1 pump capable of bypassing a sewage lift station.  This pump is not trailer mounted.  Therefore, we are requesting permission to piggyback a bid from the City of Fort Lauderdale to allow us to purchase our first trailer mounted bypass pump. 

           

The new pump will be equipped with state-of-the-art sound dampening measures because it will be utilized in residential neighborhoods.  While we will still rely on rental of multiple similar units to assist us in hurricane preparedness, this pump will be used when routine lift station pump failures occur.  Specifically, the unit can be set up and left to work unattended overnight.  (Presently, we address these types of emergencies by using employees on overtime to operate the Vactor truck and keep the system from surcharging.)  Finally, the new unit possesses the capability to act as a dewatering pump, which will assist us when performing work in areas of high groundwater. 

           

Purchase of the pump at this time will enable us to have it on hand before the hurricane season reaches its peak activity.  Funds for this purchase are available in the Machinery & Equipment Project, #MME 001.

 

Staff recommends that Council approve a purchase order to Thompson Pump and Manufacturing Company, Inc. in the amount of $30,297 for manufacture and delivery of a diesel-powered trailer-mounted lift station bypass pump under terms from a “piggy-back” of Fort Lauderdale Bid No. ITB 442-9030.

 

Item 7 –          City Cost Participation – Town of Ponce Inlet to Install a Sanitary Sewer Collection System Along the Beach Street Area of Ponce Inlet

  

The Town of Ponce Inlet has requested that we cost participate with them on a Capital Improvement Project in the Beach Street area of their town in conjunction with their upcoming drainage improvement project.  They are anticipating placing this joint project out for bid in April with a construction commencement scheduled in June of this year.  They are requesting our concurrence to cost participate with them on the cost of installing the sanitary sewer system portion and our pro-rata share of restoration costs.  By completing this project at this time, both municipalities can take advantage in sharing many of these restoration costs, which are quite expensive in developed areas such as this.  Quentin Hampton and Assoc. is now completing their design and has submitted their engineering cost estimate for our share of the costs, attached. 

 

We have evaluated this engineering cost estimate and found the estimate to accurately reflect current construction prices within our area. These improvements are specifically outlined as being eligible for City Cost Participation under the general guidelines of Chapter 11 of the LDC.  Funds are available in Sewer System Extension, UET002 and City Cost Participation Project, UCP001.

 

Staff recommends that Council approve City Cost Participation with the Town of Ponce Inlet in the amount of $500,000 for the construction, construction management, and utility inspection for the Beach Street Sewer System Extension Project, and to authorize the Mayor and City Manager to execute applicable contract documents, as necessary. 

 

Item 8 -           Award of RFP – Risk Management and Insurance Consultant Services    Part 1     Part 2   Part 3

 

Staff publicly advertised a Request for Proposals for Risk Management and Insurance Consultant Services to assist staff.  There were three proposals received.  The Selection Committee evaluated all three and determined that the proposal received from Siver Insurance Consultants best meets the needs of the City.  The cost for Siver was a not to exceed price of $10,000.  Staff recommends that Council award an agreement for Risk Management and Insurance Consultant Services to Siver Insurance Consultants Inc. for their proposal as submitted, not to exceed $10,000.

 

Item 9 -           Approval of Scope of Services/CH2M HiLL Inc., Design Criteria Package for Dunlawton/Taylor  Improvements at  I-95

           

CH2M HILL, Inc. has submitted a Scope of Services for preparation of the Design Criteria Package for Design/Build and Construction Administration for improvements to Dunlawton Ave./Taylor Rd. at I-95.  CH2M HILL is the Project Engineer for the County of Volusia on the S. Williamson Blvd. and Taylor Rd. widening projects.   The City of Port Orange is electing to “piggy-back” the County’s Continuing Services Contract with CH2M HILL for this project due to the close proximity and interrelationships between these roadway projects.  The estimated construction cost for the improvements to Dunlawton/Taylor at I-95 is approximately $1.5 million.   A Joint Participation Agreement from FDOT for reimbursement up to $1.0 million for this project is in progress.  The JPA will allow the City to undertake the project several years in advance of when FDOT is able to construct the improvements.  Concurrency “Fair Share” agreements with private developers are anticipated to cover the remaining project costs to the City.

CH2M HILL’s lump sum fee for this Scope of Services is $152,558.   Funds for this activity are available in account #307-0000-389-10.00.

 

Staff recommends that Council approve the Scope of Services from CH2M HILL, Inc. as presented, and to authorize the Mayor and City Manager to execute said contract on behalf of the City.

 

City Manager’s Comments:  We have been working with FDOT to make these improvements.  This will be a joint project between Port Orange, FDOT, and the private sector.  FDOT will be reimbursing the City for a portion of the work and the City will be entering into fair share agreements with the private sector to pay for the remainder of the work.  We are using a design-build concept in order to expedite the project.

  

E.     FINANCE

 

Item 10 -        Monthly Financial Report

 

Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.

 

F.     PUBLIC HEARING

 

Item 11 -        Community Development Block Grant (CDBG) Program – 2005/06 Annual Plan and 2005/06 to FY 2009/10 Five Year Planning Budget

 

Annually, as a participant in the Volusia County Urban County CDBG program, the City is required to submit an approved Annual Plan and Five-Year Planning Budget for the expenditure of Community Development Block Grant (CDBG) funds.  Along with the planning requirement, the City must hold two public meetings.  This meeting is the second.  Monies made available to the City under the Urban County program must be spent on eligible activities in low and moderate-income areas as prescribed by Federal guidelines or benefit low and moderate-income individuals.  Port Orange's CDBG allocation for this fiscal year is $192,744. 

 

This item is presented for discussion and approval by City Council of the City’s 2005/06 Annual Plan and 2005/06 to FY 2009/10 Five Year Planning Budget for the expenditure of Community Development Block Grant (CDBG) funds, as recommended by staff.

 

G.    COMMUNITY DEVELOPMENT

Planning Commission Minutes

 

Item 12 -        First Reading – Ordinance No. 2005-13 - Small Scale Future Land Use Amendment – Buttermilk Lane

 

This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98 for properties located on Buttermilk Lane.  If approved, the map will be amended to change the land use designation of approximately 8.59 acres of property located on Buttermilk Lane from Volusia County Urban Low Intensity to City of Port Orange Suburban Residential (2-4 units per acre).  The Future Land Use Map Amendment follows the recent annexation of the subject properties within the City of Port Orange.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Bickel excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 24, 2005           

 

Item 13 -        First Reading – Ordinance No. 2005-14 - Rezoning – From Volusia County A-2 (Agriculture) to City of Port Orange R-10SF (Single-Family Residential) Various Property on Buttermilk Lane

 

This is a request to rezone approximately 8.59 acres located on Buttermilk Lane from Volusia County “A-2” (Agriculture) to City of Port Orange “R-10SF” (Single Family Residential).  The rezoning follows the recent annexation of the subject properties into the City of Port Orange.  The subject properties are also subject to a Future Land Use Map amendment (Case File No. 05-20000002).  This rezoning application cannot be finalized until after the Future Land Use Map amendment is approved by Council.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Bickel excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 24, 2005

 

Item 14 -        First Reading – Ordinance No. 2005-15 - Small Scale Land Use Amendment – William J. Baker II

 

This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98.   This map amendment is to change the land use designation of 0.16 acres of property located at 3680 Nova Road from Urban High Density Residential (8-16 units per acre) to Commercial.  The owner intends to build an automobile tire retail store on the premises.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Bickel excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   Second Reading will occur after the Volusia Growth Management Commission has completed its review and has made a determination that the land use amendment is consistent.

 

Item 15 -        First Reading- Ordinance No. 2005-16 - Rezoning – From R-3H (Multi-Family Residential) to HC (Highway Commercial) – Earl W. Colvard

 

This is a request to rezone approximately 0.93 acres located at 3680 Nova Road from “R-3H” (Multi-Family Residential) to “HC” (Highway Commercial).  If the rezoning request is approved, the applicant is proposing to construct a retail tire shop on the subject property.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Bickel excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 24, 2005

 

Item 16 -        First Reading – Ordinance No. 2005-17 - Rezoning – From A (Agriculture) to R-10SF (Single-Family Residential) – North Side of Renner Road, West of Spruce Creek Road

 

This is a request to rezone approximately 0.7 aces from “A” (Agricultural) to “R-10SF” (Single Family Residential).  The rezoning is intended to make the zoning of the property consistent with its future land use designation of Suburban Residential (2-4 units per acre) and with the zoning of adjacent properties.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Bickel excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 24, 2005

 

Item 17 -        Approval of New Taxi Business – Rapid Transit

 

Pursuant to Section 78-36, Code of Ordinances, the City must approve all proposed “vehicle for hire” businesses, such as taxi or limousine services.  Before a license is issued to operate a taxi service, the applicant must provide to the City Clerk a public liability and property damage insurance policy with a recognized insurance company, which is satisfactory to City Council.  The City has received an insurance proposal from Lincoln General Insurance Company for the following coverage:  $125,000 Bodily Injury Liability Per Person; $250,000 Bodily Injury Liability Per Accident; and $50,000 Property Damage Liability (see attached proposal – Exhibit A).  The coverage amounts meet the minimum State requirements.

 

The property where the tax vehicle(s) would be parked, when not in use is zoned “CI” (Commercial/Industrial) and this zoning district allows for “transportation services.”  Therefore, staff recommends approval of the subject application to allow Rapid Transit operate a taxi business at 413 Oak Place, Unit 4T, subject to filing a valid liability insurance policy with the City Clerk’s Office.

  

H.     ADMINISTRATION

 

Item 18 -        Resolution No. 05-36 - Dawnview Square Florida Communities Trust Grant Application

 

Situated on the north side of All Children’s Park, the Dawnview Square FCT application will include homes that were damaged during the 2004 Hurricanes.  Measuring roughly 6 acres, the City seeks funding assistance from FCT to acquire and remove the identified homes and to expand All Children’s Park into the project area to create open space for recreational and drainage purposes.  Currently there is no appraisal information available.  A total project cost estimate of  $3,150,000.00 was developed based upon recently purchased property within the Woods subdivision.  The City requests $1,575,000.00 (50%) from the FCT program.  The City commits to a cash match of $1,575,000.00 or 50%.  Contingent upon subsequent budget appropriations, potential match funding would derive from Recreational Impact Fees and the Drainage Fund. 

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Florida Communities Trust (FCT) grant application.  In addition, authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.

 

City Manager’s Comments:  The City has pursued grant opportunities to acquire properties in the Cambridge Basin.  These homes are adjacent to the Spruce Creek Road Park.  If this grant is approved by the Florida Community Trust, then we will need to complete the appraisal work in order to complete the acquisition.  Although Kent has identified drainage fees and park impact fees as potential match for the acquisition, the City will pursue other grants including FEMA funds to help offset the match requirement.  We will continue to have discussions with St. Johns River Water Management District and with Volusia County to see if there is a role that they can play in assisting the City in the expansion of the Spruce Creek Road Park (All Children’s Park).  We think this is an excellent opportunity.

 

I.         COUNCIL COMMENTS

 

Item 19 -        Comments/Concerns from Council Members

 

At this time, Council Members may discuss various matters of concern.

 

Item 20 -        City Council Committee Reports

 

At this time, Council Members may discuss various committees to which they have been assigned.