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 28, 2006


Date:               February 20, 2006





Item 4 -           Discussion – Charles Street


Enclosed are the materials from previous meetings concerning Charles Street.  As you are aware, Volusia County is proposing to construct Madeline Avenue as a east-west thoroughfare.  It would intersect U.S. 1 just north of the Port Orange-South Daytona City Limits.  Ultimately, Madeline will cross over I-95 and connect into the LPGA extension that is scheduled to be constructed from U.S. 92 to Tomoka Farms Road.  This road has been on the thoroughfare plan for several years and has been supported by both Port Orange and South Daytona. 


The road is scheduled to have an at-grade crossing.  FEC has told Port Orange, South Daytona, and Volusia County that they will not permit an at-grade crossing at Madeline without the closure of additional crossings in Volusia County.  Specifically, they have stated that the Madeline Avenue crossing has to be closed. 


The City Council requested additional information concerning the cost of an overpass at this location rather than an at-grade crossing.  The cost of the overpass was projected to be $3 million.  I would imagine that cost has increased since the estimate was provided last summer.  The County indicated that the City would be responsible for the overpass cost. 


Previously, the City Council indicated a consensus to close Charles Street in favor of opening Madeline.  Madeline provided a better east-west connectivity and provided relief to the intersection at U.S. 1 and Dunlawton by allowing individuals an additional route to travel.  I have attached the latest traffic count information.  The traffic count was conducted in December. 


Should the City Council decide not to close Charles Street, the funds for Madeline will be reprogrammed by the County for other transportation projects. 


What are the options available to the City Council?


1.                  Close Charles Street and allow the County to construct Madeline Avenue as planned.

2.                  Close Charles Street and look for opportunities to construct an alternative route to connect Charles through to Herbert Street.  Also, look for the appropriate route from Charles Street through to Madeline so that it does not impact existing residential areas.  This option could potentially require land to be acquired since there are no unopened streets available to be used between Charles and Herbert Street that are not already opened.  There is the potential for connectivity to be established between Charles and Madeline in the 6th Street area.  The City would need to explore with the residents opportunities to provide curb access to Madeline from other streets that will intersect Madeline.

3.                  Leave Charles Street open and not build Madeline Avenue as an east-west thoroughfare.  Volusia County has indicated that if this option is selected, then they will not construct Madeline.  This will constitute a lost opportunity to improve the overall transportation network.

4.                  Leave Charles Street open and construct an overpass at the FEC.  This will cost the City more than $3 million for the overpass.


As I stated before, in listening to the residents of the area, the discussion is about connectivity to the remainder of the community.  Charles Street provides that connectivity.  To date, we have not been able to find options or alternatives to provide connectivity the residents have voiced as desirable if Charles Street is closed at the railroad tracks.   


If the City Council desires to change its position on the closing of Charles Street, it will require an affirmative vote.  A suggested motion would be: Move to leave Charles Street open to traffic at the Railroad Track.  It does require a second.  It would require three votes in support of the motion in order to change the position taken by the Council previously.  Failure to obtain a second or failure of the motion would mean the City Council affirms its previous vote to close Charles at the Railroad and supports the construction of Madeline Avenue.


Item 5 -           Village Trail Right-of-Way


The City of Port Orange appears to have the right of way in this area.  However, there are no funds available in the capital plan to construct a sidewalk in this area.  Because of the drainage situation in this area, constructing a sidewalk on the Cypress Cove side of the street will require extensive drainage work.  We have not evaluated the drainage improvements that would be required in addition to the sidewalk in this area. 


C.                SPECIAL REPORT


Item 6 -           Space Consultant Report


Attached is the Space Consultant Report.  The consultant is scheduled to meet individually with members of the City Council over a two-day period.  This will be the public presentation.  Although we have not programmed any money to expand City Hall, it does provide us with a good planning tool for the future.  This will be the opportunity for the City Council to provide City staff with guidance on a variety of issues to address the future needs of the City of Port Orange. 


The motion would be to accept the report from the consultants.  



E.                 CONSENT AGENDA


Item 7 -           Project Managers’ Report


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

Item 8 -           “Piggyback” Contract for Electric Motor Repair and Service between City of Orlando and Stewart’s Electric Motor Works 


Stewart’s Electric Motor Works has long been a provider of electric motor repairs to the City of Port Orange.   Initially under the State SNAPS agreement and then the revised SNAPS II agreement.   The State no longer maintains such a negotiated price agreement.


Stewart’s Electric Motor Works currently has a contract with the City or Orlando for repair and service of their electric motors under Orlando bid #B105-2115.   Both Stewart’s and the City of Orlando have agreed to allow the City of Port Orange to piggyback this contract.   The contract runs through Dec. 22, 2006 with two, one-year extensions allowed.   This would set costs for these needed repairs for the next three years.  Stewart’s has always provided the City with excellent service and timely response.


Staff recommends approval of Stewart’s Electric Motor Works as sole source vendor for such services.   Funds are available within the current operating budget for such repairs as needed.


Staff recommends that Council approve Stewart’s Electric Motor Works as a sole source vendor for the repair and service of electric motors under a piggyback of their current contract with the City of Orlando.


Item 9 -           Final and Deductive Change Order for Palmer University


Staff is requesting deducting Change Order of $61,604.55 and issuance of the final payment of and acceptance of the Palmer University Project.  Total final request number 13 is $22,057.24.  Staff recommends approval.


Item 10 -        Neighborhood Investment Grant Program Award for FY 2005-06 (Pickwick Village, The Hamlet, and Vineyards of Port Orange)


Each year, Port Orange’s Neighborhood Investment Program (NIP) supports partnerships between the City and neighborhood organizations/homeowner associations. The program provides eligible recipients with cash grants up to $5,000.00 for projects that improve the quality of life in the City and serve specific neighborhoods.


The NIP Selection Committee reviewed and scored this year’s submitted applications.  All three applications garnered the appropriate amount of points to be considered for NIP grant funding, however, the NIP Selection Committee noted comments that require addressing before funding is awarded.  Attached is a breakdown of the applications and comments.


Contingent upon the individual applicants fulfilling match requirements and the identified comments to the City’s satisfaction, Staff recommends awarding the following:


Pickwick Village -     $4,000

The Hamlet -              $3,000

Vineyards -                $2,200


Funding is available for the NIP grant awards in account # 001-1000-580-8300.  For review purposes, the application is attached. 


Staff recommends that Council authorize the City award grant funds to the selected FY 2005-06 Neighborhood Investment Program applications. 


F.                 FINANCE


Item 11 -        Monthly Financial Report


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




Item 12 -        Second Reading – Ordinance No. 2006-4 – Rezoning – From R-10SF (Single Family Residential) to GPU (Government Public Use) – Brian Gorham, Florida Power & Light


We recommend approval.  


Item 13 -        Resolution No. 06-20 - Williamson Boulevard Extension Preliminary Alignment


On June 16, 2004, a joint workshop was held to discuss the proposed alignment of the Williamson Boulevard extension through the cities of Port Orange, New Smyrna Beach, and Edgewater. At the workshop, the elected officials from each city gave an initial endorsement of the alignment. Since that time, the Cities of New Smyrna Beach and Edgewater have officially accepted the alignments through their respective jurisdictions. Volusia County is now requesting that the City of Port Orange accept the preliminary alignment of its portion of the road extension. Volusia County is requesting acknowledgement of the Council’s acceptance with a letter from the City Manager, prior to adopting the alignment as part of its Thoroughfare Network.


Attached please find a map showing the proposed alignment through Port Orange. This alignment was developed in cooperation with the owners of the property (ICI) and their consulting engineers. The alignment is intended to minimize wetland impacts, support the future development of the Stanaki/Woodhaven property, accommodate the future interchange at Pioneer Trail, and line up with the route through New Smyrna Beach. The alignment is consistent with the City's discussion with New Smyrna Beach, Edgewater, ICI, and Volusia County. Please note that the alignment is subject to change pending final engineering design.


The new alignment will also be included with the Spring 2006 Large-Scale Comprehensive Plan Amendment package being submitted by ICI for the Woodhaven/Stanaki property. That amendment will place the alignment on the City’s future transportation network maps, if approved.


Staff recommends that Council accept the preliminary alignment of the Williamson Boulevard Extension from its present terminus to Pioneer Trail.


The City Attorney will provide the material on this item to the Council at the meeting. 


H.                 PUBLIC SAFETY


Item 14 -        Second Reading – Ordinance No. 2006-5 – Amending Chapter 30, Article II of the Code of Ordinances Relating to Fire Codes


We recommend approval. 


I.                     ADMINISTRATION


Item 15 -        Resolution No. 06-21 - Purchase of Property for the Development of Industrial Property


Staff has negotiated the Contract for Sale and purchase from D.S.C. of Newark Enterprise, Inc., for the purchase of property located west of I-95 and southwest of Williamson Boulevard.  This property will be utilized for the industrial uses.  Purchase is subject to debt financing and Council approval of the budget.


Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to execute all documents required to purchase the property located west of I-95 and southeast of Williamson Boulevard, more specifically described in the Contract for Sale and Purchase to authorize all expenditures for consulting services related to the closing; and to hereby accept the title as set forth in the attached commitment.


Staff is still awaiting the contract from Sam Owens.  This item may have to be delayed if the contract is not received.


Item 16 -        Resolution No. 06-22 - Indicating City Council’s Intent to Open McGinnis East of Williamson Boulevard


McGinnis will be the entry road into the Industrial Park to be constructed east of Williamson Boulevard.  This is a notice of our intent to open McGinnis.  This would give assurance to the current and future property owners that a street will be constructed in this area.


The City Attorney will provide the materials on this item at the Council meeting. 


J.                  COUNCIL COMMENTS


Item 17 -        Comments/Concerns from Council Members


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


Item 18 -        City Council Committee Reports


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