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

                        February 21, 2006

 

Date:               February 13, 2006

 

 

B.                 BOARD APPOINTMENTS

 

Item 4 -           Code Enforcement (3 Terms to Expire on April 5, 2009)

 

There are three appointments to be made to the Code Enforcement Board with the terms to expire on April 5, 2009.  Greg Hitson and Robert Troup have expressed an interest in being reappointed to this Board; Sharron Ward does not wish to be reappointed.  An application has been received from Richard Spitz.

 

Item 5 -           Construction Regulation Board (2 Terms to Expire on February 15, 2008)

 

Two appointments need to be made to the Construction Regulation Board with terms to expire on February 15, 2008.  Brad Blais and William Culbertson have expressed a desire to be reappointed.  No other applications have been received for this Board.

 

Item 6 -           Eastport Community Redevelopment Agency (2 Terms to Expire November 9, 2006)

 

Two appointments need to be made to the Eastport Community Redevelopment Agency with terms expiring on November 9, 2006.  Attached are applications from individuals who have expressed an interesting in serving on this Board.

 

City Manager’s Comment:  These two members must be property owners, own a business, or represent a business located in the District.  The individuals who have submitted applications are G. Gary Brown and Larry Fornari.

 

Item 7 -           Environmental Advisory Board (1 Term to Expire on May 7, 2007)

 

One appointment needs to be made to the Environmental Advisory Board with the term to expire on May 7, 2007.  Attached is the application from Suzanne Grubbs for consideration for appointment to this Board.

 

Item 8 -           Fire and Rescue Pension Fund – Council Appointment (1 Term to Expire on February 15, 2008)

 

One appointment needs to be made to the Fire and Rescue Pension Fund, which must be filled by a public member appointed by the City Council.  The term will expire on February 15, 2008.  Howard Tipton has expressed an interest in being reappointed.  There are no other applications on file.

 

Item 9 -           Fire and Rescue Pension Fund – Pension Board Appointment – 5th Member (1 Term to Expire on February 21, 2008)

 

The Fire Pension Board is recommending to the City Council the appointment of Frank Sheridan as the fifth member of the Fire Pension Board.  Frank has been a member of the Fire Pension Board for a number of years.  The firefighter members selected Frank as one of their two representatives.  He chose not to place his name before the membership when his term expired.  He wanted individuals to gain experience since he is eligible to retire.  Frank has served as the chair of the Pension Board for a number of years. 

City Manager’s Comment:  The City Council’s options are:

 

1.                  Affirm Mr. Sheridan as the fifth member of the Pension Board.

2.                  Reject Mr. Sheridan as the fifth member of the Pension Board. 

 

The City Council must confirm the fifth member.  The Pension Board’s obligation is to recommend the fifth member of the Board.  As you will recall, the City has two members on the Pension Board; and the Firefighters have two members on the Board.  Together, they are responsible for recommending the fifth member to the Council. 

 

Let me note, if Mr. Sheridan is confirmed by the City Council, the Board will be composed of three currently employed Firefighters.  I have observed over the years that Mr. Sheridan has acted in the best interest of the Plan and has represented the Plan well in all aspects of its administration and management.  

 

Item 10 -        Police Pension Fund – Council Appointment (1 Term to Expire on February 21, 2008)

 

One appointment needs to be made to the Police Pension Fund, which must be filled by a public member appointed by the City Council.  The term will expire on February 1, 2008. David Strassel has expressed an interest in being reappointed.  No other applications are on file.

 

Item 11 -        Police Pension Fund – Pension Board Appointment – 5th Member (1 Term to Expire on February 21, 2008)

 

The Police Pension Fund Board of Trustees is recommending the Tim Girard as the fifth member of the Police Pension Fund.  Mr. Girard is currently Commander of the Detective Bureau. 

 

City Manager’s Comments:  The comments that I made concerning the Fire Pension Plan apply to this situation.  The four members, two from the Police and two from the City, are responsible for recommending the appointment of the fifth member.  The City Council has two options, confirm the nomination or reject the nomination.  If Mr. Girard is confirmed, there will be three currently employed Police Officers serving on the Board.  Based upon my knowledge of Mr. Girard and having worked with him during my career as City Manager, I have found him to be extremely trustworthy and interested in working for the best interest of the Police Pension Fund. 

Item 12 -        Parks and Recreation Advisory Board (3 Terms to Expire on February 15, 2009)

 

Three appointments need to be made to the Parks and Recreation Advisory Board with terms to expire on February 15, 2009.  Mark Bowling has expressed a desire to be reappointed.  Flora Eggert and John Osborne do not wish to be reappointed.  Attached are applications from individuals who have expressed an interest in being appointed to this Board. 

 

C.                Special Recognition and Proclamations

 

Item 13 -        Presentation from St. Johns River Water Management District

 

Nancy Christman of the St. Johns River Water Management District will be in attendance to present a check to the City for the Cambridge Basin North Project. 

 

D.                CITIZEN PARTICIPATION (Non-Agenda)

 

E.                 CONSENT AGENDA

 

Item 14 -        Waive Bid Procedures for Fireworks Display for July 4 Celebration

 

Fireworks by Santore has co-sponsored the July Fourth Celebration with the City of Port Orange for the past 10+ years.  Fireworks by Santore matches the purchase order amount that Port Orange allocates to the celebration.  Staff recommends that bid procedures be waived for Fireworks by Santore to provide our July 4th fireworks.  The money for the Port Orange share of the fireworks ($17,000) comes from the Solid Waste Recycle Fund. 

 

Item 15 -        Request from American Cancer Society for City to Co-Sponsor the Port Orange Relay for Life Event in 2006, 2007, and 2008

 

The American Cancer Society has requested the City to co-sponsor their Port Orange Relay for Life event and waive a portion of the associated fees totaling $1,697.87 (list attached) and paying the rental fee of $125.00 for rental of the City Center and Amphitheater areas for three years.  This is an annual public event with pledges being taken to benefit the American Cancer Society.  This event will be advertised on TV, radio, and printed material.  With the new Special Event fee structure in place, Council must determine if fees are to be waived. 

 

Staff recommends that Council approve the City co-sponsoring the American Cancer Society Port Orange Relay for Life event at City Center and the Amphitheater and to waive all fees, with the exception of the $125.00 rental fee for three years (2006, 2007, and 2008).

 

Item 16 -        Request from Daytona Beach News Journal for City to Co-Sponsor the Port Orange Art Fest

 

The Daytona Beach news Journal has drawn up a co-sponsor agreement for the Port Orange Art Fest to be held in April, 2006 (attached).  Staff recommends that Council approve the City’s co-sponsorship with the Daytona Beach News Journal for the Port Orange Art Fest of April, 2006, and to authorize the Mayor and City Manager to execute any and all contracts.

 

City Manager Comments:  The Port Orange Art Fest conducted at City Center last spring was a big success.  We had an excellent turnout from both artists and residents.  The Lakeside Jazz Festival will be held the same weekend as Art Fest. The Jazz Festival will be held on Friday and Saturday.  Art Fest will be held on Saturday and Sunday.  This has been a great partnership. 

Item 17 -        Rescheduling March/April Council Meetings

 

On March 29, the Florida League of Cities will be hosting its annual Legislative Action Day.  It starts with a breakfast that morning in Tallahassee. The regular City Council meeting date is March 28.  April 18-20 is Volusia Days in Tallahassee.  Council is scheduled to meet on April 18.  I would suggest to the City Council that the Council meet twice in March and twice in April.  This would allow Council Members the flexibility to go to Tallahassee to meet with legislators.  We will work with Sean Pittman to set up meetings with key legislators related to our priority project, Cambridge.  For the City Council’s information, St. Johns River Water Management District has submitted both the Cambridge Project and Rose Bay as priority projects in their legislative program. 

 

If this agenda item is adopted, the City Council would meet on March 7 and 21 and April 4 and 25. 

 

Item 18 -        Bid Award – Holiday Decorations

 

In July, 2005, Council awarded the five year holiday decorations agreement to low bid vendor, Midwest Display Inc.  Midwest Display Inc. did not perform as required by contract (see commentary attached); therefore, staff is requesting the remaining four seasons be awarded to second low bid vendor, Clark Sales Display Inc.  Clark Sales Display has provided the decorations for the City of Port Orange in the past, and they are familiar with the contract requirements.  Staff is confident Clark Sales Display will provide the same quality service as in past years.  Staff recommends that the holiday decorations agreement be awarded to second low bid vendor, Clark Sales Display Inc., for the remaining four seasons, 2006 to 2009 at a cost per season of $7,875.00.

 

Item 19 -        Monthly Development Activity Report and the Building Activity Report for December, 2005, and January, 2006

 

The attached staff reports include the Development Activity Report for January, 2006, and the Building Activity Report for December, 2005.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends that Council accept the Staff Reports (Monthly Development Activity Report and the Building Activity Report) for December, 2005, and January, 2006.  

 

Item 20 -        Bid Award – Part A – Police Station Parking Addition; Part B – Buschman Park Improvements, Phase IIB

 

These are parking lot improvements that are funded from two different revenue sources.  The Police Department parking lot improvements are funded from the City’s General Fund while the Buschman Park Improvements are funded from the Community Development Block Grant Fund. The Police Department improvements are located on the unpaved area immediately adjacent to the tower.  The Buschman Park improvements are located adjacent to the Electrical Training Facility located on Commonwealth.  This will provide a separate parking lot for individuals who want to use the Park as well as the training facility.

 

The low bid was submitted by Beckman Paving in the amount of $289,817.00.  Staff recommends approval.

 

Item 21 -        City Attorney’s Report

 

Attached is the City Attorney’s Report.

 

Item 22 -        Acceptance of Permanent Utilities Easement – Spruce Creek Property Owners Association

 

The City of Port Orange has been working with ICI to move utility lines out of the Taylor Road right of way in the Spruce Creek Fly In area.  ICI is preparing to construct homes in the Brown’s Landing Development.  By running the utility lines through Brown’s Landings, the City is protecting the utility lines in this section. 

 

F.                 REPORT FROM ADVISORY BOARD

 

Item 23 -        Citizen Advisory Committee for MPO

 

A representative of the Citizen Advisory Committee for the MPO will make a report to the Council at this time.

 

G.                COMMUNITY DEVELOPMENT

 

Item 24 -        Second Reading – Ordinance No. 2005-62 – Annexation – Nautica Lakes PUD (continued to date certain of February 21, 2006)

 

Attached is a memorandum from staff.  Staff requests that this item be continued until the March 7, 2006, meeting.  This item must be read and then continued until March 7, 2006.

 

Item 25 -        Second Reading – Ordinance No. 2005-63 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Nautica Lakes Planned Unit Development (Continued to Date Certain of February 21, 2006)

 

Attached is a memorandum from staff.  Staff requests that this item be continued until the March 7, 2006, meeting.  This item must be read and then continued until March 7, 2006.

 

Item 26 -        Second Reading – Ordinance No. 2006-2 – Approving an Amendment to the Master Development Agreement and Conceptual Development Plan – Water’s Edge Fourth Amendment

 

We recommend approval.

 

Item 27 -        First Reading – Ordinance No. 2006-7 - Small Scale Land Use Amendment – Clark

 

This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98, for property located at 5091 Palmetto Avenue, 5094 Palmetto Avenue, 201 Katherine Street, 225 Katherine Street, and 5156 Riverside Drive, from Urban Low Density Residential (4-8 Units/Acre) to Office/Residential Transition.  This map amendment is to change the land use designation of 1.35 acres located at 5091 Palmetto Avenue, 5094 Palmetto Avenue, 201 Katherine Street, 225 Katherine Street, and 5156 Riverside, from Urban Low Density Residential (4-8 Units/Acre) to Office/Residential Transition. If approved, the applicant proposes to rezone these parcels to “PCD” (Planned Commercial Development) and incorporate them into the Clark Professional Center and Wedding Chapel PCD. The staff report is attached for your review. 

Planning Commission Recommendation:      The Planning Commission recommended approval 5-0 (Commissioners Barker and Bickel excused), of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98. 

 

Please note that the subject amendment must be reviewed by the Volusia Growth Management Commission between the first and second reading.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   Will be scheduled after Growth Management Commission reviews and provides their approval.       

 

Item 28 -        First Reading – Ordinance No. 2006-8  - Rezoning – From R-10SF to R-2D – Vanlancker

 

This is a request to rezone approximately 1.6 acres located on the west side of McDonald Road, south of Madeline Avenue from “R-10SF” (Single-Family Residential) to “R-2D” (Two-Family Residential).  If the rezoning is approved, the property owner intends on subdividing the property into two buildable lots and developing a duplex on each lot.

 

Planning Commission Recommendation:  The Planning Commission recommended approval, 5-0 (Commissioners Barker and Bickel excused), to rezone approximately 1.6 acres located on the west side of McDonald Road, south of Madeline Avenue from “R-10SF” (Single-Family Residential) to “R-2D” (Two-Family Residential).       The property owner, Victor Vanlancker, is seeking a reduction in the fee associated with the proposed rezoning.  The rezoning application was submitted on December 15, 2005, with the original $2,500 application fee instead of the new $6,500 application fee, which went into effect on October 1, 2005.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   March 21, 2006 

Item 29 -        Resolution No. 06-18 - Proposed Easement Vacation – Riverwood PUD, Phase II Subdivision, Lot 30 (6236 Yellowstone Drive)

 

The Community Development Department has received a request to vacate a portion of the easterly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 30 of the Riverwood PUD Phase II Subdivision. The property owners have made this request in connection with a proposed pool, deck, and screen enclosure to be constructed into the easement. The easement vacation application and legal description have been reviewed for completeness and accuracy. Total allowable lot coverage has not been exceeded 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 easterly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 30 of the Riverwood PUD Phase II Subdivision, per the attached legal description.

 

Item 30 -        Resolution No. 06-19  - Proposed Easement Vacation – Sterling Chase PUD, Phase II Subdivision, Lot 97 (782 Foxhound Drive)

 

The Community Development Department has received a request to vacate a portion of the northerly rear yard 20.00-feet wide Drainage Easement located on Lot 97 of the Sterling Chase PUD, Phase II Subdivision. The property owners have made this request in connection with a proposed pool, deck, and screen enclosure to be constructed into the easement. The easement vacation application and legal description have been reviewed for completeness and accuracy. Total allowable lot coverage has not been exceeded 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 drainage improvements proposed for this area in the future. The easement may be vacated, as described in the attached Exhibit “A”, to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating 10.00 feet of the northerly rear yard 20.00-feet wide Drainage Easement located on Lot 97 of the Sterling Chase PUD, Phase II Subdivision, per the attached legal description.

 

H.                 PUBLIC WORKS

 

Item 31 -        Inspector for Cambridge Project (Continued to Date Certain of February 21, 2006)

 

This item was continued until Mayor Green could be present.  Mark Hampton explained at the last Council Meeting the reason why there will be a need for multiple inspectors during certain portions of the project.  Quentin Hampton will be present on Tuesday night. 

 

I.                     PUBLIC SAFETY

 

Item 32 -        Second Reading – Ordinance No. 2006-3 – Creating Article III to Chapter 26 of the Code of Ordinances Relating to Emergency Communications

 

We recommend approval. 

 

J.                  ADMINISTRATION

 

Item 33 -        Update to Council on Parkwood Easement

 

Staff will provide a report to Council at the meeting on this item. 

 

K.                 COUNCIL COMMENTS

 

Item 34 -        Comments/Concerns from Council Members

 

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

 

 

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