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 25, 2006

 

Date:               July 17, 2006

 

 

The meeting agenda for July 25 has been kept short because Margaret Roberts, William Whitson, and I will be out of the City on that date.  Donna Steinebach will be the Acting City Manager that evening since both William and I will be in Tallahassee at a meeting in the Governor’s Office.  We are not sure we will be back in Port Orange prior to the start of the Council Meeting.  Ann-Margret Emery will be attending the meeting on behalf of Margaret who will be out of the City on family business.

 

C.                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 -           Agreement with Bellomo-Herbert and Company, Inc., for Professional Services for Design, Engineering, and Permitting for Phase One of the Development of the Coraci Parkland

 

The City asked for an RFQ for Architectural/Engineering Services and Bellomo-Herbert & Co., Inc., was selected as the number one firm.  Their proposal for the design, engineering, and permitting for Phase One of the development of the Coraci parkland is $169,705, with reimbursable costs not to exceed $3,500 for a total of $173,205 (agreement attached).  Phase One includes master plan revisions, a four (4) field softball complex with competitive level lighting, a 2,000 square foot restroom with a concession building, a stormwater retention pond, and off-street parking.  All phases of the park are expected to be completed within 5 years.  Design of the future phases of the park will be negotiated at the time the City is prepared to move forward with each phase.   Staff recommends approval.

 

Item 6 -           MPO Membership Assessment and Funding Agreement

 

Attached is the renewal of the MPO agreement for FY 2006-07.  The City of Port Orange’s assessment for the next fiscal year is $5,463.  Staff recommends approval of this funding agreement.

 

Item 7 -           Bid Award - Pavilion Kitchen

 

The City issued a bid for miscellaneous items for the Pavilion kitchen.  The bid tally sheet is attached for your review.  In order to bring the bid into budget, staff deleted items that were not essential to the kitchen operations.  The lowest responsible bidder is Beltram Food Services Group, Inc., from Tampa, Florida, in the amount of $38,442.27.  Staff recommends that Council award the bid for the pavilion kitchen to Beltram Food Service Group from Tampa, Florida, in the amount of $38,442.27.

 

City Manager Comments:  The bid advertisement allowed the City to accept in whole or in part the equipment bid for the Lakeside Community Center.  We received bids from several bidders.  To equip the kitchen with all of the items that were specified was out of the City’s budget.  In reviewing the bid with an individual who operates a professional kitchen and who is a caterer, the listing of equipment that he recommended as essential elements to the kitchen are being recommended for bid award.  This would allow a full service kitchen during an emergency as well as allowing it to be used for catered events at the pavilion.  We had allocated $50,000 for kitchen equipment.    We will need to transfer the balance not needed for the kitchen equipment to be used to pay for the generator. 

 

Item 8 -           Bid Award – Emergency Generator for Pavilion

 

The City issued bids for a 250 kw diesel powered generator for the Amphitheater Pavilion.  Three bids were received.  Hertz did not use the correct bid form nor did they acknowledge the three (3) addendums that were issued concerning the bid; therefore, staff recommends that the bid be awarded to Florida Detroit Diesel Allison in the amount of $66,980.

 

Item 9 -           Authorization for the City Attorney to Retain the Services of an  Attorney Specializing in the Area of Telecommunications

 

Staff recommends that Council authorize the City to secure the services of Attorney Gary Resnick of the law firm Gray Robinson, P.A. to assist the City with legal issues pertaining to its new cell tower construction, ordinance update, and projects (Riverwalk) pertaining to telecommunications.  

 

The City is submitting a site development plan application for the upcoming submittal for the construction of a monopole communications tower.  There are considerable legal issues, both state and federal, that need to be considered.  In addition, due to changes in telecommunications law, a review of the City ordinances pertaining to telecommunications, the location of towers, and other issues should be reviewed. 

 

This area of the law is complex and rapidly changing.  Attorney Resnick is a specialist that is highly regarded in this area.  He has reduced his hourly rate considerably to offer the City his services at $225.00 per hour.  Therefore, the City Attorney’s office is requesting authority to retain Mr. Resnick at $225.00 per hour for the cell tower siting and such other projects as determined by the City Manager and City Attorney.   

 

Staff recommends that Council authorize the City to secure the services of Attorney Gary Resnick of the law firm Gray Robinson, P.A. to assist the City with legal issues pertaining to its new cell tower construction, ordinance update, and projects (Riverwalk) pertaining to telecommunications.  

 

D.                FINANCE

 

Item 10 -        Monthly Financial Report

 

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

 

E.                 COMMUNITY DEVELOPMENT

 

Item 11 -        First Reading – Ordinance No. 2006-23 - Ordinance Rezoning and Approving the 4th Amendment to the Master Development Agreement and Conceptual Development Plan for Clark Professional Center and Wedding Chapel PCD

 

The purpose of the amendment is to add and rezone two adjoining parcels into the PCD and to set guidelines for the development of an 8-unit multi-family structure with associated site improvements and amenities on parcel #1 and a 400 square foot wedding gazebo and access pier extending 36 feet into the Halifax River on parcel #2.  The applicant resubmitted the proposed MDA Amendment and revised CDP on June 19, 2006. All outstanding comments have now been addressed.  This is a request to rezone and approve the 4th amendment to the Master Development Agreement and Conceptual Development Plan for Clark Professional Center and Wedding Chapel PCD.  The purpose of the amendment is to add and rezone two adjoining parcels into the PCD and to set guidelines for the development of an 8-unit multi-family structure with associated site improvements and amenities on parcel #1 and a 400 square foot wedding gazebo and access pier extending 36 feet into the Halifax River on parcel #2.  The applicant resubmitted the proposed MDA Amendment and revised CDP on June 19, 2006. All outstanding comments have now been addressed

 

Planning Commission Recommendation:  The Planning Commission unanimously recommended approval, 7-0, of the rezoning of rezoning 1.65 acres from Volusia County “R-4” (Urban Single-Family Residential) and Volusia County “R-5” (Urban Single-Family Residential) to City of Port Orange “PCD” (Planned Commercial Development), and of the Fourth Amendment to the Master Development Agreement (MDA) for the Clark Professional Center & Wedding Chapel Planned Commercial Development (PCD). The Commission’s recommendation of approval was conditioned upon the resolution of outstanding technical comments prior to this item being scheduled for City Council review and that Exhibit “F” be revised to indicate that the gazebo and pier will be constructed five feet above the average water line of the Halifax River.

 

Staff Recommendation:  Staff recommends that Council adopt the attached ordinance rezoning 1.65 acres from Volusia County “R-4” and “R-5” to City of Port Orange “PCD,” and approving the 4th amendment to the Master Development Agreement, dated June 19, 2006, and Conceptual Development Plan, dated July 6, 2006, for the Clark Professional Center and Wedding Chapel PCD, as recommended by the Planning Commission per the meeting of May 25, 2006, incorporating the staff report dated May 19, 2006.

 

Second Reading:   August 22, 2006

 

Item 12 -        Resolution No. 06-64 - Transportation Concurrency Policy Implementation

 

On June 27, 2006, the City Council set policy direction regarding how transportation Level of Service (LOS) and concurrency are measured on State and County roadways within the City.  The attached memorandum provides suggestions on how to implement this policy and describes remaining issues to be resolved.

 

Item 13 -        Final Plat and Plans, Subdivision Improvement Agreement and Concurrency and Fair-Share Agreement – Port Orange Plantation Phase III

 

This 17.5-acre site is located west off Williamson Boulevard and north of Town West Boulevard.  If approved, Phase III will be developed with 53 single-family lots, with associated common areas, infrastructure and stormwater improvements.

 

Planning Commission Action:  At its May 25, 2006 meeting, the Planning Commission unanimously recommended approval, (7-0), of the Final Plat and Plans for Port Orange Plantation, Phase III, subject to the conditions listed above. 

 

The Concurrency and Fair Share Agreement for this project addresses impacts to several nearby roads and intersections, including the intersection of Dunlawton Avenue and Clyde Morris Boulevard, the extension of Summertrees Road, the addition of a second north-bound right-turn lane from Williamson Boulevard onto Taylor Road, the planned improvements at the I-95 interchange, the widening of Williamson Boulevard from Willow Run Boulevard to the City limits, and the installation of a traffic light at the intersections of Williamson Boulevard and Madeline Avenue,  Williamson Boulevard and Willow Run Boulevard and Williamson Boulevard and Town West Boulevard.

 

Staff Recommendation:  Staff recommends that Council approve the Final Plat & Plans for the Port Orange Plantation Phase III Subdivision, as recommended by the Planning Commission, and to approve the Subdivision Improvement Agreement (S.I.A.) and Concurrency and Fair-Share Agreement for this project.  The Planning Commission’s recommendation for approval is subject to the following conditions:

  

City Manager’s Comments:  There is a policy question that will need to be addressed by the City Council.  Margaret Roberts drafted a memorandum that outlined the policy question related to the drainage issue.  First, the approval must be subject to a drainage easement being provided by Coraci or the Volusia County School District.  This phase as well as the other two phases of the project that are on the Council Agenda are dependent upon a drainage way being relocated and piped.  The proposed pipe is being located on property not owned or controlled by D.R. Horton.  The City must have legal evidence that D.R. Horton has the right to place the drainage improvements in the area shown on the plans.  D.R. Horton does have an option of placing the pipe on their land.  We have discussed with them in the past about placing the stormwater pipe under the landscape easements.  A second issue relates to the pipe itself.  As Margaret’s memorandum points out, if the drainage way ditch was to be left in place, the City would normally require the HOA to maintain the drainage way ditch as part of the drainage system.  They would be responsible until it leaves the property.  In this case, the drainage way ditch that currently exists on the property is being diverted into pipe and around the property.  This is the water they are required to convey across their property as well as providing the outfall for these two phases.  Since pipe is involved, the City normally maintains the pipe within the subdivisions with the HOA being responsible for the retention ponds.  In some cases, where the streets are private, the subdivision is responsible for the maintenance of both the streets, ponds, and the drainage pipe.  The City is responsible for maintaining the system once it discharges from the property into the City system.  This system is somewhat unique and different.  It is designed to serve properties that are not part of the Plantation project as well as Plantation.  Normally, pipe of this nature is maintained by the City since it is offsite and is serving additional properties other than Plantation.  In my discussions with D. R. Horton, they believe that this pipe is part of the City system and not part of their normal subdivision system.  What complicates the issue is that the pipe is only necessary because they have chosen to relocate the existing drainage ditch that crosses the property and redirect it in a different direction.  In my discussion with them, it was my thought that since the pipe served additional properties other than Plantation, then it should be a city maintained pipe system.  I am checking on the size of the pipe to determine that its size is appropriate for the area that it is designed to serve.

   

Item 14 -        Final Plat and Plans, Subdivision Improvement Agreement, and Concurrency and Fair-Share Agreement – Port Orange Plantation Phase IV

 

This 26.21-acre site is located west of Williamson Boulevard and north of Town West Boulevard.  If approved, Phase IV will be developed with 93 single-family lots, with associated common areas, infrastructure and stormwater improvements.

 

Planning Commission Action:  At its May 25, 2006 meeting, the Planning Commission unanimously recommended approval, (7-0), of the Final Plat and Plans for Port Orange Plantation, Phase IV, subject to the conditions listed above.  

 

The Concurrency and Fair Share Agreement for this project addresses impacts to several nearby roads and intersections, including the intersection of Dunlawton Avenue and Clyde Morris Boulevard, the extension of Summertrees Road, the addition of a second north-bound right-turn lane from Williamson Boulevard onto Taylor Road, the planned improvements at the I-95 interchange, the widening of Williamson Boulevard from Willow Run Boulevard to the City limits, and the installation of a traffic light at the intersections of Williamson Boulevard and Madeline Avenue,  Williamson Boulevard and Willow Run Boulevard and Williamson Boulevard and Town West Boulevard.

 

Staff Recommendation:  Staff recommends that Council approve the Final Plat & Plans for the Port Orange Plantation Phase IV Subdivision, as recommended by the Planning Commission, and to approve the Subdivision Improvement Agreement (S.I.A.) and Concurrency and Fair-Share Agreement for this project.  The Planning Commission’s recommendation for approval is subject to the following conditions:

 

City Manager’s Comments:  see comments above.

  

Item 15 -        Final Plat and Plans, Subdivision Improvement Agreement and Concurrency and Fair Share Agreement – Port Orange Plantation Phase V

 

This 22.83-acre site is located west of Williamson Boulevard and north of Town West Boulevard.  If approved, Phase V will be developed with 64 single-family lots, with associated common areas, infrastructure and stormwater improvements.

 

Planning Commission Action:  At its May 25, 2006 meeting, the Planning Commission unanimously recommended approval, (7-0), of the Final Plat and Plans for Port Orange Plantation, Phase V, subject to the conditions listed above. 

The Concurrency and Fair Share Agreement for this project addresses impacts to several nearby roads and intersections, including the intersection of Dunlawton Avenue and Clyde Morris Boulevard, the extension of Summertrees Road, the addition of a second north-bound right-turn lane from Williamson Boulevard onto Taylor Road, the planned improvements at the I-95 interchange, and the installation of a traffic light at the intersection of Williamson Boulevard and Town West Boulevard.

 

Staff Recommendation:   Staff recommends that Council approve the Final Plat & Plans for the Port Orange Plantation Phase V Subdivision, as recommended by the Planning Commission, and to approve the Subdivision Improvement Agreement (S.I.A.) and Concurrency and Fair-Share Agreement for this project.  The Planning Commission’s recommendation for approval is subject to the following conditions:

 

City Manager’s Comments:  see comments made in Plantation 3.

  

F.                 PARKS AND RECREATION

 

Item 16 -        Resolution No. 06-65 - Establishing Fees and Policies for Lakeside Community Center

 

The City has prepared a resolution to adopt the Lakeside Community Center Fees and Guidelines and provide an effective date (worksheets attached).  Staff recommends that Council approve the attached resolution adopting the fees and guidelines for the Lakeside Community Center.

 

G.                ADMINISTRATION

 

Item 17 -        Resolution No. 06-66 - SHIP Local Housing Assistance Plan (LHAP)

 

The Port Orange City Council in April of this year established its State Housing Initiatives Program (SHIP), Housing Assistance Trust Fund, Housing Advisory Board, and Assistance Incentive Plan.  To finalize Port Orange’s SHIP program, the City must develop and approved its Local Housing Assistance Plan (LHAP).  The plan identifies the different activities such as Down Payment Assistance, Housing Rehabilitation, Emergency Rehabilitation, and Land Acquisition. Furthermore, the LHAP documents the selection process for assisting eligible participants and the process to recapture assistance via payments to the City.

 

In April, the Florida Housing Finance Corporation (FHFC) estimated the City would be eligible for $258,332 in FY 2006/07. This amount was based on population numbers and other factors.  Recently, the Finance Department of FHFC recalculated the Port Orange’s allocation amount and determined an increase was to required.  The new total is $505,166.  The Budget breakdown in the attached LHAP reflects this new amount.

 

Staff recommends approving the attached resolution authorizing the  LHAP to address workforce and affordable housing needs in our community.  Be aware, the LHAP can be revised in the future. 

  

H.                 COUNCIL COMMENTS

 

Item 18 -        Comments/Concerns from Council Members

 

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

 

Item 19 -        City Council Committee Reports

 

At this time, Council Members will report on the Committees on which they serve.

 

 

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