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 July 26, 2005

 

Date:               July 20, 2005

 

 

B.                 SPECIAL REPORT

 

Item 4 -           Audit Report – Golf Club at Cypress Head, Inc.

 

The auditor will be present on Tuesday night to discuss with the City Council the audit that was performed on the Golf Course.  Our contract with KemperSports Management requires a separate audit of the course operations.  The Golf Course audit was incorporated into the City’s regular audit that you have already approved.  This report relates only to Cypress Head.

 

 

D.    CONSENT AGENDA

 

Item 5 -           Project Managers’ Report

 

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

 

Item 6 -           Approval to Authorize Use of Parking Spaces between the City of Port Orange and Palmer Chiropractic Foundation Inc.

  

Attached is a request to approve the agreement between Palmer Chiropractic Foundation, Inc., and the City of Port Orange.  This agreement would permit the use of parking spaces ranging in number from 12 to 20 located in the southwest portion of the Palmer parking lot, adjoining the Port Orange Police Department.  These spaces would be for City vehicles, for vehicles of the employees of the Police Department, and the Communication Interlocal Agency (RCC).  Staff recommends that Council approve utilizing these parking spaces at Palmer Chiropractic College.

 

City Manager’s Comments:  A few months ago, a citizen appeared before the City Council concerning the parking area immediately adjacent to the Port Orange Police Department not meeting City Land Development Regulations.  The City Council authorized funds to bring the parking lot into compliance.  Initially, it was felt that the parking lot could be constructed by mid-August.  It is very clear now that it will not be completed by that date.  This will provide spaces on the Palmer campus for City vehicles and employee vehicles.  This should address the unpaved parking lot.  The parking under the trees will still remain until such time as all improvements are completed at the tower.   Crown Castle, who manages the tower, is planning on strengthening the tower and the installation of additional carriers on the tower.  I have instructed our staff to coordinate our planned work with them.

 

Item 7 -           Approve Florida East Coast Railway Blanket License Agreement

 

Attached is the renewal document for the Blanket License Agreement between the City and Florida East Coast Railway.  This agreement has been revised to provide for longer license terms and to tie future increases to a fixed rate.  Staff recommends approval.

 

Item 8 -           Naming of Voting Delegate for Florida League of Cities Annual Conference

 

Attached is the notice from the Florida League of Cities requesting that the City designate a voting delegate to represent the City at the annual Florida League of Cities Conference.  Currently, Vice Mayor Martin is registered to attend the conference.  Staff recommends that Council appoint Vice Mayor Mary Martin to serve as the voting delegate to represent the City of Port Orange at the Florida League of Cities Conference in Orlando on August 18 to August 20, 2005.

Item 9 -           Contract Extension – Police and Fire Department Personnel Uniform Dry Cleaning/Laundering

 

The bid for the dry cleaning/laundering of the Police and Fire Department personnel uniforms was awarded to Sunrise Dry Cleaners, Inc., in 2003.  Contained in the bid was a contract for one (1) year with the option for two (2) additional one (1) year renewals.  All parties, staff, and vendor are in mutual agreement to extend that contract this last one (1) year extension, at the same prices, terms and conditions as in the original contract.  Staff requests that Council approve the extension of the current dry cleaning contract with Sunrise Dry Cleaners, Inc.

 

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.     COMMUNITY DEVELOPMENT

 

Item 11 -        Resolution No. 05-56 - Locally Funded Reimbursement Agreement with FDOT for Improvements to Dunlawton/Taylor at I-95

 

To accelerate the construction of highway capacity and safety improvements to Dunlawton/Taylor at I-95, the Florida Department of Transportation (FDOT) has offered to enter into a Locally Funded Reimbursement Agreement with the City.  This agreement will allow the City to undertake the improvements as quickly as it can and receive lump sum reimbursement from FDOT, in an amount not to exceed $1 million dollars.  Reimbursement can be requested during the FDOT 2007/2008 Fiscal Year in which this project is programmed.   Concurrency  “Fair Share” agreements with private developers, of which several have already been approved by the City Council, are anticipated to cover the remaining project costs to the City.

The project scope is detailed in Exhibit “A” to the Agreement.  It is acknowledged that these improvements are not the ultimate solution to the traffic problems at this interchange, but they are improvements that can be accomplished in the immediate future.  In April of this year CH2M HILL, Inc. was awarded a contract for preparation of the Design Criteria Package for Design/Build and Construction Administration for this project.  The Design Criteria package is nearly complete and ready to be advertised.  Once a design/build firm is selected the total project costs can be verified.  Current estimates place construction costs at somewhere between $1.5 and $2.0 million.  It is anticipated that construction will commence in January 2006 or earlier.

 

Staff recommends that Council approve the Locally Funded Reimbursement Agreement with the Florida Department of Transportation, as presented, and to authorize the Mayor and City Manager to execute said contract on behalf of the City.

 

Item 12 -        Resolution No. 05-57 - Proposed Easement Vacation – Sterling Chase PUD, Phase II Subdivision, Lot 74 (800 Sterling Chase Drive)

 

The Community Development Department has received a request to vacate a portion of the northerly rear yard 10.00 foot wide Drainage and Utility Easement located on Lot 74 of the Sterling Chase PUD, Phase II Subdivision.  The property owners have made this request in connection with a proposed pool, deck, and screened enclosure to be constructed in to the easement.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy.  Total allowable lot coverage has not been exceeded, required setbacks have been met per review of the submitted building permit application, and enough easement area will remain for necessary drainage.  City departments have reviewed this request and have no outstanding concerns.  There are no currently planned utility improvements proposed for this area in the future.  Utility company release letters have been obtained for the area of the easement described in Exhibit “A.”  The easement may be vacated to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating 5.00 feet of the northerly rear yard 10.00 feet wide Drainage and Utility Easement located on Lot 74 of the Sterling Chase PUD, Phase Ii Subdivision, per the attached legal description.

  

Item 13 -        Land Development Code Workshop Summary

 

The City Council and the Planning Commission held joint workshop sessions related to proposed revisions to the Port Orange Land Development Code.  This is a summary of those meetings.  We are asking the City Council to review the information to make sure that we have captured the intent of the Council.  We will begin drafting revisions to the Code.

 

F.     ADMINISTRATION

 

Item 14 -        Second Reading – Ordinance No. 2005-21 – Transportation Impact Fee (Continued to Date Certain of July 26, 2005)

 

This item was continued.  We are completing our work related to this Ordinance.  I will be asking the City Council to withdraw this Ordinance and will be presenting a revised ordinance at the August 2, 2005, City Council Meeting.  The revisions are being made to address questions raised by the Homebuilders Association as well as questions raised by Volusia County.  We believe that clarifying the Ordinance is in the best interest of the City.

 

Some weeks ago, I asked Chris Murphy to pull engineer estimates submitted by the development community for bonding of Town West Boulevard.  Also, I asked them to pull our last bid received on Madeline Avenue.  Finally, I asked for the cost estimate prepared by Quentin L. Hampton Associates for the construction of Homier Road (Summertrees).  As you will recall, the development community questioned whether the county road cost should be used.  What I have asked the consultant to do is to compare his figures with our cost and those bonded by the private development community.  Those numbers will be used in our revised ordinance.  I believe the numbers more than justify the cost of actual construction of roads in Port Orange.

  

Item 15 -        Resolution No. 05-58 - Florida League of Cities – 2005 Florida Cities of Excellence Awards Program (City Manager of the Year)

 

The Florida League of Cities has established the 2005 Florida Cities of Excellence Award Program to acknowledge the many things cities and City employees contribute to the quality of life in Florida.  The City proposes submit an award nomination under the City Manager of the Year Award category to recognize Port Orange’s City Manager for his judgment, initiative, integrity, innovation, professionalism, commitment, and citizen relations.  Staff recommends that Council approve the attached resolution authorize the submission of the City Manager of the Year Award nomination to the Florida League of Cities under their Florida Cities of Excellence Awards Program and to authorize the Mayor and City Manager to execute any contracts or agreements.

 

Item 16 -        Resolution No. 05-59  - 2005 Florida League of Cities Excellence Awards Program (Citizen of the Year – Pete Atwood)

 

Staff proposes to submit an award nomination under the Citizen of the Year Award category to recognize Pete Atwood for his volunteer efforts that have benefited the quality of life within the City.  Furthermore, the nomination recognizes his commitment, support, and skills, leadership, and his desire to make a positive impact on the City.  Staff recommends that Council approve the attached resolution authorizing the submission of a Citizen of the Year Award nomination to the Florida League of Cities under their Florida Cities of Excellence Awards Program, and to authorize the Mayor and City Manager to execute any contracts or agreements.

 

Item 17 -        Resolution No. 05-60  - Florida League of Cities – 2005 Florida Cities of Excellence Awards Program (City Spirit Nomination)

 

The Florida League of Cities has established the 2005 Florida Cities of Excellence Award Program to acknowledge the many things cities and City employees contribute to the quality of life in Florida.  The City proposes to submit an award nomination under the City Spirit Award category to recognize Port Orange’s efforts to successfully address a local need.  Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a City Spirit Award nomination to the Florida League of Cities under their Florida Cities of Excellence Awards Program and to authorize the Mayor and City manager to execute any contracts or agreements.

 

Item 18 -        Resolution No. 05-61 - Florida League of Cities – 2005 Florida Cities of Excellence Awards Program (Florida City of Excellence Nomination)

 

Port Orange was one of the six finalists for this award last year.  The City proposes again to submit an award nomination under the Florida City of Excellence Award category to recognize Port Orange’s outstanding leadership, citizen outreach, technology, fiscal management, and innovative programs.  Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Florida City of Excellence Award nomination to the Florida League of Cities under their Florida Cities of Excellence Awards Program, and to authorize the Mayor and City Manager to execute any contracts or agreements.

 

Item 19 -        Discussion – Skate Park Art Renovation

 

Attached is a proposal from IB students that attended Spruce Creek High School for artwork to be displayed at the Port Orange Skate Park.  This artwork would be in the concrete areas of the park.  This artwork will not only enhance the area but will cover the graffiti at the site.

 

City Manager’s Comments:  We still have some questions concerning the art project.  We want to make sure that the paint is compatible with the activity and that it does not create a hazard on the concrete.  I was very impressed with the group that is proposing this activity.  They have prepared a good plan of action.  They are art students with Port Orange ties.  They are committed to giving back to the community.  They want the painting of the concrete at the skateboard park to be public art. 

 

I have made it plain to them that the City would not provide any financial assistance.  Does the City Council desire for the staff to proceed to gather information and bring back an agreement with the group as well as the conditions by which they would be allowed to paint the concrete at the skateboard park?   

 

G.    COUNCIL COMMENTS

 

Item 20 -        Comments/Concerns from Council Members

 

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

 

Item 21 -        City Council Committee Reports

 

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

 

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