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

                        September 26, 2006

 

Date:               September 18, 2006

 

 

 

B.                 SPECIAL REPORT

 

Item 4 -           Report from KemperSports Management

 

A representative of KemperSports Management will make a report to the Council concerning the Golf Course at this time.

 

C.                CITIZEN PARTICIPATION

 

Item 5 -           Request   from  Laurelwood   Estates   Property  Owners’

Association, Inc.

 

Attached is a letter from the Laurelwood Estates Property Owners’ Association concerning the maintenance of a drainage ditch in their community.

 

 

City Manager’s Comments:  Warren and I were out there about a week ago.  Most of the properties are maintaining the swale area behind their homes.  There are a few properties that are not.  We noticed a number of improvements have been made in the area.  There is an area that appears to be hard to maintain.  It appears to be wet and we noticed mower tracks. 

 

Warren recalls many years ago the City did go in there and help by sloping some of the properties so that they would drain better and make it easier to mow.  Also, this is an area where the power pedestals are in the rear of the yards.  At that point in time, the pedestals were subject to being under water.  FPL stated at that time that they could move the pedestals but at the owner’s expense.  As both Warren and I recall, there was a lot of debate in Laurelwood about moving the pedestals as well as moving landscaping and other improvements that over the years has encroached into this area.  

 

I have enclosed a copy of the plat for Laurelwood.  If the City took over the maintenance of the area, it would be at a different standard.  The property owners would have to remove all landscaping from the area.  Warren stated that he thought we could help the property owners on the lower end of the drainage swale to get the property adjacent to their units back into condition so that it would be easily mowed. 

 

 

D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 CONSENT AGENDA

 

Item 6 -           Project Managers’ Report

 

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

 

Item 7 -           Bid Award – Assorted T-Shirts and Hats

 

The annual requirement for the City’s assorted T-shirts, collared shirts, hats, etc., used by mainly the Recreation Department was solicited.  Two bids were received.  The low bid was received from Mid-Florida Sportswear in Daytona and the bid is attached for your review.  Staff recommends that Council approve the bid submitted b Mid-Florida Sportswear for their bid as was submitted for the City’s annual usage of assorted T-shirts, hats, etc., used mainly by the Recreation Department.

   

Item 8 -           Bid Award – Trophies and Awards

 

The annual requirement for the City’s trophies and awards as used by the Recreation Department was solicited.  Only one bid was received, that being from Electronic Awards, the City’s current vendor.  The bid submitted by Electronic Awards is attached.  Staff recommends that Council award the bid to Electronic Awards for the City’s annual requirement for trophies and awards.

 

Item 9 -           Approve Engineering Services for the YMCA

 

An RFSQ was issued for engineering services for Port Orange YMCA with respect to being a hurricane shelter.  The Selection Committee was comprised of Councilman George Steindoerfer, Community Development Engineer Mike Hill, Parks and Recreation Director Glen Walker, Assistant Parks and Recreation Director Susan Lovallo, and YMCA Director Mark Thornell.  The committee evaluated four submittals and heard oral presentations from all four firms.  They then ranked those firms as follows: 

 

1.                  Stottler Staff & Associates

2.                  T. Gray Frazier

3.                  KZF Design

4.                  General Physics

 

Staff recommends that Council approve the committee’s final ranking and authorize staff to negotiate a contract with the firm ranked as the number one team, Stottler Stagg & Associates.

 

City Manager’s Comments:  There are roof and structural repairs needed at the Y.  This issues needs to be addressed before another hurricane season since this building is a shelter.  We have budgeted funds to address the issues on the roof and the upper walls.  At some point, we will need to do some repair work on the lower walls.  During the 2004 hurricanes, we noticed water coming into the building through the walls.  We have had the analysis performed on the building and recommendations made on what needs to be done to address the issues.  The design professionals would be charged with designing the improvement and preparing the specifications to address the issues found in the roof and structural studies done.

   

Item 10 -        Request Use of City Owned and Managed Lands by the Daytona Dirt Riders Association for the 2007  Alligator Enduro

 

 

Since the late 1980’s the City has granted the use of the wellfield property to the Daytona Dirt Riders for an off-road motorcycle event known as the “Alligator Enduro”.  This event takes place during March of each year during “bike week”.  Access to the property is limited to weekends for a short time prior to the event for set up, through the first full week of March 2007, or the end of “bike week”.  Charitable donations are made to various local organizations with proceeds from the event.  In past years donations have been made to the Spruce Creek High School band to aid in their trip to the Rose Parade, the City to help with the cost of sealing the wood playground materials at the All Children’s Park and the Port Orange Police Athletic League.  This year the Assn. was once again able to make a donation to the Port Orange Police Athletic League from a portion of the proceeds of the event.   City permission will include the use of jointly owned and managed properties in conjunction with County special use permits.  This year for the first time use will not include any property either jointly or wholly owned by the City of Daytona Beach.  The terms and conditions regarding insurance, set-up, clean up, damage restoration and other specifics are included in the agreements/permits and are consistent with previous years.

 

Staff recommends that Council approve use of wellfield property by the Daytona Dirt Riders for an off-road motorcycle event known as the “Alligator Enduro” authorizing the Mayor and City Manager to execute agreements and/or special use permits.  Terms and conditions of the special use permits and/or agreements are contingent upon approval by the City Attorney.

 

Item 11 -        Special Event Request – First Turn Steakhouse and Lounge

 

Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge located at 5236 and the adjacent lot at 5204 South Ridgewood Avenue, requests approval of a Special Event to be held during Biketoberfest 2006.  The proposed event is planned for a ten (10) day period from Friday, October 13, through Sunday, October 22, 2006.  The proposed hours for the event are from 9:00 a.m. until 2:00 a.m. daily.  Staff recommends that Council approve the Special Event request for the First Turn Steakhouse & Lounge located at 5236 and 5204 South Ridgewood Avenue and to waive the $250 surety bond, subject to 25 conditions outlined in the attached report.

 

 

Item 12 -        Special Event Request – The Last Resort Bar

 

Mr. Al Bulling, owner of The Last Resort Bar, 5812 South Ridgewood Avenue, and agent for Best Cars, 5816 Ridgewood Avenue, and the adjacent properties at 5796, 5840, and 5858 Ridgewood Avenue request approval of a Special Event to be held during Biketoberfest 2006.  The proposed event is planned for a ten day period from Friday, October 13, through Sunday, October 22, 2006.  the proposed hours for the event are from 8:00 a.m. to 2:00 a.m. daily.  This will be the second Special Event for the Last Resort in 2006.  Staff recommends that Council approve the Special Event Request for The Last Resort Bar, 5812 South Ridgewood Avenue, Best Cars, 5816 South Ridgewood Avenue, and the adjacent properties at 5796, 5840, and 5858 Ridgewood Avenue, and to waive the $250 surety bond, subject to 25 conditions outlined in the attached staff report. 

 

Item 13 -        Addendum to Contract with Quentin L. Hampton Associates, Inc. – Eastport Business Park, Unit II

 

Pursuant to the Amended and Restated Agreement with Induprop, Inc., dated June 16, 1999, the City is obligated to construct the public improvements associated with the development of Eastport Business Park, Unit II.  Induprop has selected its desired replacement property in Unit II and has asked the City to fulfill its contractual obligation to provide the public infrastructure servicing this property.  The City has completed the engineering and permitting for the extension of Eastport Parkway from its current terminus to Commonwealth Boulevard, along with associated utilities and stormwater retention.  The subject addendum provides for engineering assistance from Quentin L. Hampton Associates, Inc., in the bidding and construction of these public improvements.  QLH’s services will include contract administration and construction inspection.  The total estimated fee for these services is $123,678.  Bonds backed by Tax Increment Financing revenues, with bridge funding obtained from the City’s loan pool, will fund construction of the public facilities for Eastport Business Park, Unit II.  The construction account number for this project is 102 1000 580 6397.  Staff recommends that Council approve Addendum No. 65 to the agreement with Quentin L. Hampton Associates, Inc., dated February 14, 1980, for engineering services related to the bidding and construction of Eastport Business Park, Unit II, and to authorize the Mayor and City Manager to execute said contract on behalf of the City.

 

 

Item 14 -        Change Order No. 1 to the Landscape Contract with Tuff-Turf

 

Staff has determined the need to add areas for the landscape maintenance contract with Tuff-Turf Landscaping Inc.  City crews currently maintain these areas, and their efforts and manpower could be better utilized on other tasks and projects that are a result of the City’s continuing growth.  The attached spreadsheet lists each area, the square footage, maintenance to be performed, and cost associated with each.  Total annual cost will not exceed $95,865.92 and funds are available as follows:  001-4300-541-3420 ($44,914.40); 001-14405723420 ($50,951.52).  Staff recommends approval of Change Order No. 1 to the contract with Tuff-Turf Landscaping in the amount of $95,865.92.

 

 

F.                 FINANCE

 

Item 15 -        Monthly Financial Report

 

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

 

 

G.                COMMUNITY DEVELOPMENT

 

Item 16 -        Second Reading – Ordinance No. 2006-36 – Amending Chapter 17, Sections 29(d) and 29(m) of the Land Development Code Relating to Building Coverage Requirement with the “PC-A” (Planned Commercial-Agricultural) Neighborhood District

 

Staff recommends approval.

 

Item 17 -        First Reading – Ordinance No. 2006-39 – Approval of Master Development Agreement Plan – Villas at Cypress Head (Continued to Date Certain of September 26, 2006)

 

This is a request to approve the Master Development Agreement Plan for the Villas at Cypress Head.  This item was continued to a date certain of the September 26, 2006, Council Meeting.

 

 

Item 18 -        Concurrency and Fair Share Agreement for the Final Site Plan Development Plan – Nova Oaks

 

Nova Oaks, which is located near the southwest corner of the Nova Road/Herbert Street intersection, is a proposed 32-unit multi-family development going through the City’s minor site plan process and is being reviewed at the staff level.  Due to roadway and intersection level-of-service problems within the City, concurrency improvements are being planned at locations where these problems exist.  All new development in the City is required to pay for its impact to those locations through a Concurrency and Fair-Share Agreement.  Nova Oaks’ fair share amount is $25,796, which will go toward the improvement of the Clyde Morris Boulevard/Dunlawton Avenue intersection.  The subject agreement must be approved by the City Council, in addition to having the fair-share amount paid, before a Development Order can be issued for this project.  For more information please see the attached memorandum.  Also included is a copy of the Nova Oaks site plan and architectural elevations for the council’s information.

 

Staff recommends that Council approve the Concurrency and Fair-Share Agreement for the Nova Oaks Final Site Plan.

 

City Manager’s Comments:  This property is located immediately to the west of the convenience store on the corner of Nova Road and Herbert Street.  As part of the project, a portion of the sidewalk that is so badly needed along Herbert Street between Nova and Silver Sands will be constructed. 

 

This is an area where we have worked on sidewalk issues for a number of years.  We need to complete the sidewalk between Nova and the school.  I know there has been concerns voiced by property owners that the sidewalk would be too close to their homes.  Maybe it is time to once again look at the constraints and see what we can do to work around them in this area.  Working on right of way issues this year may allow us to pursue funding next year to complete the sidewalk from Nova to the school.

 

  

Item 19 -        Final Plat and Plans, Subdivision Improvement Agreement, Concurrency and Fair Share Agreement, and Maintenance Agreement – Villas of Port Orange Plantation, Phase I

 

This is a request to approve the Final Plat & Plans for the Villas of Port Orange Plantation Phase I subdivision; to approve the Subdivision Improvement Agreement (SIA) and Concurrency & Fair-Share Agreement; and to approve the Maintenance Easement subject to revisions by the City Attorney.

 

Planning Commission Action:   Recommended approval, 6-0 (McMasters excused), of the Final Plat and Plans for the Villas of Port Orange Plantation Phase I subdivision. The 21.6-acre site is located west of Williamson Blvd., south of McGinnis Ave., in the PC-A zoning district. If approved, the property will be subdivided into 148 fee-simple townhouse lots, along with common areas for stormwater retention, landscape buffering, utilities, and recreation. The Commission’s recommendation of approval was conditioned upon: 1) the resolution of outstanding comments prior to scheduling for City Council review; 2) City Council approval of the Concurrency & Fair-Share Agreement and Subdivision Improvement Agreement; and 3) final review by the City Attorney as to legal form and content. Please see the attached staff report and update memorandum for more information.

 

Staff Recommendation:   Staff recommends approval.

 

  

Item 20 -        Final Plat and Plans, Subdivision Variance, Subdivision Improvement Agreement, and Concurrency and Fair Share Agreement – Villas of Port Orange Plantation, Phase II

 

This is a request to approve the Final Plat and Plans for the Villas of Port Orange, Phase II and the Subdivision Variance.

 

Planning Commission Recommendation:  At its August 24, 2006 meeting, the Planning Commission recommended approval, 6-0 (McMasters excused), of the Final Plat and Plans and subdivision variance for the Villas of Port Orange Plantation Phase II subdivision. The 25.4-acre site is located west of Williamson Blvd., south of McGinnis Ave., in the PC-A zoning district. If approved, the property will be subdivided into 198 fee-simple townhouse lots, along with common areas for stormwater retention, landscape buffering, utilities, and recreation. The Commission’s recommendation of approval was conditioned upon: 1) the resolution of outstanding comments prior to scheduling for City Council review; 2) City Council approval of the tree preservation area variance request; 3) City Council approval of the Concurrency & Fair-Share Agreement and Subdivision Improvement Agreement; and 4) final review by the City Attorney as to legal form and content. Please see the attached staff report and update memorandum for more information.

 

Staff Recommendation:   Staff recommends approval.

 

 

H.                 PUBLIC WORKS

 

Item 21 -        Resolution No. 06-100 - Supplement Local Agency Program Agreement for the Spruce Creek Road Sidewalk Project with Florida Department of Transportation (FDOT)

 

The City previously entered into a Local Agency Program (LAP) Agreement with the FDOT for 50% reimbursement of the costs to construct an 8 foot wide multi-use sidewalk along the east right of way of Spruce Creek Road from Commonwealth Boulevard to approximately 300 feet north of Eastport Parkway and from Oak Street to Dunlawton Avenue, including a pedestrian bridge over the Halifax Canal.

The FDOT has asked that the City execute a supplemental agreement to the original LAP agreement that:

 

1.                  Adds the Dun and Bradstreet Data Universal Numbering System (DUNS) number (80-939-7102)

2.                  Amends the Single Audit Language in Section 5.04, Audit Reports, of the original agreement.

 

This sidewalk is being constructed as part of the Sanitary Sewer System Extension Project (UET002) and is approximately 90% completed.

 

Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to execute a Supplemental Agreement (Exhibit A) with FDOT that amends the Local Agency Program Agreement approved by Resolution No. 05-125.

 

 

I.                     PUBLIC SAFETY

 

Item 22 -        Resolution No. 06-101 - Traffic Enforcement Agreement  - The Sanctuary on Spruce Creek Homeowners Association, Inc.

 

Staff has worked with the Association to finalize the Traffic Enforcement Agreement that is required by Florida Statutes 316 and recommends the approval of the agreement with The Sanctuary on Spruce Creek Homeowners Association, Inc.

 

Staff recommends that Council approve the attached resolution authorizing the City to enter into a Traffic Enforcement Agreement with The Sanctuary on Spruce Creek Homeowners Association, Inc., and authorizing the Mayor and City Manager to execute the agreement.

 

 

J.                  PARKS AND RECREATION

 

Item 23 -        Second Reading – Ordinance No. 2006-37 – Amending Section 6-3 of the Code of Ordinances Relating to Alcoholic Beverages

 

Staff recommends approval.

   

K.                 ADMINISTRATION

 

Item 24 -        Second Reading – Ordinance No. 2006-38 – Issuance of Debt for Construction of Public infrastructure/Eastport Business Park, Unit II

 

Staff recommends approval.

 

Item 25 -        Discussion – Architectural Proposal – CT Hsu

 

Attached is the proposal from CT Hsu.  Attached are contracts with KZF for the City of New Smyrna Beach and Hawkins and Hall for the City of Daytona Beach.  It has been determined that we are unable to piggyback architectural contracts.

 

City Manager’s Comments:  The City Council provided guidelines to staff to negotiate design services with C T Hsu.  The proposal that has been returned to the City is more than the amount the City Council instructed the staff to negotiate.  What are the options?

 

1.                  Reject the proposal and instruct the staff to continue negotiating with Mr. Hsu.

2.                  Reject the proposal and instruct staff to negotiate with the No. 2 ranked architect.

3.                  Reject the proposal and delay design on both the Police Station and Fire Station.

4.                  Reject all proposals and readvertise. 

 

There comes a point when quality design professionals will not propose.  The fee proposal that Mr. Hsu has submitted is in line with the fee proposals that we have seen in DeLand and in Daytona Beach Shores.  It is more than the fee negotiated by the City of Daytona Beach for their design services.  Please note that the architect that is under contract with Daytona Beach has done work for the City of Port Orange in the past.  However, the firm made a determination that they had too much business and did not submit a proposal to perform design work for the Public Safety facilities.  If we choose to readvertise for design proposals, I am not convinced we will receive any additional proposals.  In fact, we probably will receive fewer proposals. 

 

 L.                  COUNCIL COMMENTS

 

Item 26 -        Comments/Concerns from Council Members

 

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

 

Item 27 -        City Council Committee Reports

 

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

 

 

 

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