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
October 17, 2006
Date: October 9, 2006
B. SPECIAL RECOGNITION AND PROCLAMATIONS
Attached is a proclamation proclaiming the month of October as National Community Planning Month.
C. CITIZEN PARTICIPATION
D. CONSENT AGENDA
Currently under contract with the City are five firms that can provide surveying services for the City. The contracts for these firms allowed for renewal at the same prices and terms and conditions as the original contract, if mutually agreeable by both parties. The five firms were contacted and have agreed to renew those contracts for the final year. Staff recommends the Council renew these contracts with: Sliger & Associates Inc.; Tomoka Engineering; Southeastern Surveying Inc.; Professional Engineering Consultants (PEC); and Dyer, Riddle Mills & Precourt (DRMP).
Last year, Council approved the maintenance agreement with Florida Detroit Diesel in order to have the generators serviced and maintained on a quarterly basis. This ensures the generators will be operational during events such as hurricanes. Florida Detroit Diesel is willing to renew the agreement for an annual cost not to exceed $7,795. The quote letter attached provides a detailed list of the generators and their location, the services to be performed, and at which interval. Funding is shared between departments and is shown on the commentary attached. Staff recommends that Council approve the renewal of the agreement with Florida Detroit Diesel for quarterly and annual preventative maintenance on the generators for an annual cost not to exceed $7,795.
The Port Orange Police Department is losing the current shooting range due to construction of a retention area. The Port Orange Police Department is requesting approval to sign the attached agreements permitting Port Orange Police Officers to use the New Smyrna Beach Police Department’s shooting range and training facility. This agreement may be canceled by either party upon 30 days written notice and will terminate within one year from date of signature. New Smyrna Beach Police Department is requiring a $300 maintenance fee per year for the use of the above-mentioned facilities. Staff recommends that Council approve a pistol range agreement and training facility agreement with New Smyrna Beach Police Department.
City Manager’s Comments: With the retention pond that is being constructed at the site of the current Police Firing Range, it is necessary for the City of Port Orange to have an alternative site for our Police Officers to qualify. We have worked out a program with the City of New Smyrna Beach to use their range. As you are aware, the City entered into an agreement with the County to use a part of the jointly owned property located west of Tomoka Farms Road allowing the City to develop our firing range and training facility.
The attached Staff Reports include the Development Activity Report for September 2006 and the Building Activity Report for August 2006. 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 August and September 2006.
E. REPORT FROM ADVISORY BOARD
A representative of the Citizen Advisory Committee for the MPO will make a report to the Council at this time.
A representative of the Pedestrian/Bike Task Force will make a report to the Council at this time.
F. COMMUNITY DEVELOPMENT
This is a request to annex approximately 5 acres of land into the City of Port Orange. If approved, the applicants intend to subdivide the property into four single family residential lots. The property is located at 812 Airport Road on the west side of Airport Road, across from Creekside Middle School, just northwest of Water’s Edge Boulevard and the Water’s Edge subdivision, east of the Reserve at Spruce Creek subdivision, and south of the Whispering Woods subdivision.
Staff recommends that Council adopt the attached ordinance annexing approximately 5 acres of land located at 812 Airport Road together with the adjoining Airport Road right of way extending easterly to the intersection of Sabal Creek Boulevard.
Second Reading: November 14, 2006
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 the northwest corner of Yorktowne Boulevard and Hidden Lakes Drive. The purpose of the map amendment is to change the future land use designation of 10 acres located at the northwest corner of Yorktowne Boulevard and Hidden Lakes Drive from Suburban Residential (2-4 units/acre) to Urban Low Density Residential (4-8 units/acre). If approved, the amendment would allow the proposed rezoning and development of the property with townhouses.
This amendment was previously heard by the City Council at its March 7, 2006, meeting at which time Council remanded it and the PUD back to staff to provide the applicant with additional time to address the Council’s concerns.
Planning Commission Recommendation: The Planning Commission recommends approval 5 to 1 (Commissioner McMasters dissenting, Commissioner Bickel excused).
Staff Recommendation: Staff recommends approval.
Second Reading: Second Reading cannot occur until after the Volusia Growth Management Commission completes its review of the Comprehensive Plan Amendment.
Item 13 - First Reading – Ordinance No. 2006-42 - Ordinance Approving a Master Development Agreement & Conceptual Development Plan – Villas of Key Largo
This is a request to approve the Master Development Agreement and Conceptual Development Plan for the Villas at Key Largo PUD. The proposed PUD will consist of 80 townhome condominium units on 13 acres located at the northwest corner of Yorktowne Boulevard and Hidden Lakes Drive.
The PUD along with a future land use amendment was previously heard by the City Council at its March 7, 2006, meeting. At the time, the Council remanded the PUD and the amendment back to staff to provide the applicant with additional time to address the Council’s concerns. The project has since been modified.
Planning Commission Recommendation: The Planning Commission recommends approval 6-0 (Commissioner Bickel excused).
Staff Recommendation: Staff recommends approval.
Second Reading: Second Reading would be scheduled after the Volusia Growth Management Commission completes its review of the project.
Item 14 - Resolution No. 06-105 - Notice of Intent to Amend Ordinance No. 2005-58 to Extend Development Moratorium for Riverwalk Redevelopment Project Area
Ordinance No. 2005-58 adopted on Second Reading on January 3, 2006, enacted a moratorium on Amendments to the Comprehensive Plan, Rezonings, Development Orders, and Building Permits in the Riverwalk Redevelopment Project Area. The purpose of the moratorium is to ensure that development activities inconsistent with the vision for the Riverwalk Project Area cannot occur while necessary amendments are made to the Comprehensive Plan, Port Orange Town Center Community Redevelopment Area (CRA) Plan, and the Land Development Code. Since enactment of the moratorium, the focus of work has been the Comprehensive Plan amendments. In particular, the amendments to establish the required Transportation Concurrency Exception Area (TCEA) entailed extensive work with Department of Community Affairs (DCA) staff. The additional time devoted to establishing the TCEA undermined the original timetable for the CRA plan update and Riverwalk zoning work. Now that the Comprehensive Plan amendments have been adopted and transmitted back to the State for a Compliance ruling, work on the CRA plan update and the new PC #2 – Port Orange Town Center zoning has commenced. The proposed 365 day moratorium extension is to ensure adequate time for public input into both of these processes prior to the expiration of the moratorium.
The actual ordinance extending the moratorium is scheduled for Planning Commission review on October 26, 2006, and first reading by City Council on November 14, 2006.
Staff recommends that Council approve the attached resolution providing Notice of Intent to Amend Ordinance No. 2005-58 to extend the moratorium on amendments to the Comprehensive Plan, Rezonings, Development Orders, and Building Permits in the Riverwalk Redevelopment Project Area until January 3, 2008.
Item 15 - Proposed Amendment to the Subdivision Improvement Agreement for the Port Orange Landings PUD Phase I Subdivision (a.k.a. Oakbrook)
The Community Development Department has received a request to amend conditions stated in Paragraph Two of the Subdivision Improvement Agreement for the Port Orange Landings PUD, Phase I Subdivision (a.k.a. Oakbrook). The Developer has made this request in connection with a desire to extend the required completion date for an off-site improvement requirement stated in the agreement. The improvement required is a traffic light to be installed at the intersection of Willow Run Boulevard and Williamson Boulevard.
The Subdivision Improvement Agreement was originally executed by Port Orange Landings, LLC and then assigned to the current Developer, Centerline Homes at Port Orange Landings, LLC. The developer provided a performance bond for all subdivision improvements, including the traffic light, in connection with City approval for plat recording prior to final subdivision acceptance. The developer provided a copy of a signed contract for the traffic light materials and their installation, due 150 calendar days after approval of submittal data. The amendment document, prepared by the office of the City Attorney, has been approved and executed by the developer.
Staff recommends that Council approve a proposed amendment to Paragraph Two of the Subdivision Improvement Agreement for the Port Orange Landings PUD, Phase I Subdivision (a.k.a. Oakbrook).
G. PUBLIC UTILITIES
Item 16 - Resolution No. 06-106 - Authorizing the Sale of Wetland Mitigation Bank Credits to the City of Port Orange for Eastport Business Park Phase II
The City of Port Orange, through its Project Manager, Donna Steinebach, has requested purchase of 0.5 state wetland mitigation bank credits for the Eastport Business Park Phase II, located within the Port Orange city limits. At a unit cost of $37,500 per credit, the total purchase amount is $18,750.
On March 30, 2005, at the direction of the City Manager, a “Letter of Intent to Issue Credits” was provided by the Public Utilities Department to the SJRWMD. The purpose of the letter was to assist the District in addressing outstanding concerns of the development permit application No. 40-127-23165-2, ultimately enabling them to issue a permit.
The City’s wetland mitigation bank currently has an available balance of 164.9 state credits. If the sale is approved, then the available balance of state credits will be reduced to 164.4 credits.
Staff recommends approval of the sale of these mitigation credits. Once the contract is executed and payment received in full, then the Public Utilities Department will take formal action on its mitigation bank ledger, and apply the mitigation bank credits to the City of Port Orange’s Eastport Business Park Phase II development.
Staff recommends that Council approve the resolution, authorizing the sale of 0.5 state wetland mitigation bank credits in the amount of $18,750, and authorizing the Mayor and City Manager to execute the associated contract documents.
City Manager’s Comments: We have received comments from St. Johns River Water Management District concerning items that need resolution regarding the mitigation bank. We are working to address those items. However, I recommend that we provide these credits. The cost of the mitigation bank credits will be from TIF revenues.
Since the last time we discussed this item, I received a telephone call from Mr. Hsu's office. The design team desires to do the City's 2 Fire Stations and 1 Police Station. They have agreed to the price that we have established of $1,250,000. This is a full service contract. On Tuesday evening, I am recommending that we develop the full service contract in the amount of $1,250,000 to design, bid, and provide contract administration of 2 Fire Stations and 1 Police Station in an amount not to exceed $1,250,000. The City Council needs to understand that if the City requests additional services other than the ones prescribed in the RFP, then there will be additional charges.
Ann Margret has already begun drafting an agreement that is consistent with my recommendation.
At this time, Council Members may discuss various matters of concern.