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

                        October 24, 2006

 

Date:               October 16, 2006

 

 

A.                 OPENING

B.                 SPECIAL REPORT

 

Item 4 -           Presentation from State Representative Dorothy L. Hukill

 

State Representative Dorothy Hukill will make a report to the Council concerning Legislative matters at this time.

 

 

C.                CITIZEN PARTICIPATION (Agenda)

 

Item 5 -           Presentation from ArtHaus

 

Jane Jennings has asked to make a report to the Council at this time.

 

D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 EASTPORT CRA MEETING

F.                 CONSENT AGENDA

 

Item 6 -           Project Managers’ Meeting

 

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

 

Item 7 -           Contract Engineering, Permitting, and Construction Administration for Waterway and Shoreline Protection – DMC, Inc.

 

Previously, Council approved the final ranking of Dredging and Marine Consultants for engineering, permitting, and construction administration for Waterway and Shoreline Protection projects.  At that time, Council authorized staff to enter into negotiations for a contract for those projects.  That contract is attached for your review.  DMC has agreed to provide these services for $61,000.  Staff recommends that Council approve the contract with Dredging and Marine Consultants Inc. (DMC) for the Causeway shoreline and seawall restoration projects in the amount of $61,000.

 

Item 8 -           City Cost Participation Request for Masci Construction to Install a Sewer Force Main along Reed Canal Road and thru Legacy Apartments, Phase II

 

The developer of Legacy Apartments Phase II, SSW and Bush, and their engineer, Upham Inc. have been cooperating fully with us to design a replacement sewer force main along Reed Canal Road and thru their project. The proposed force main will replace the twenty plus year old, brittle plastic force main that currently serves La Costa and all of the Crystal Lake development. The existing force main currently snakes it’s way northward thru La Costa, westward along Big Tree Road, and then back southward along Clyde Morris Blvd. Recently this aging sewer force main has experienced many failures which have been quite problematic and costly to locate and repair by city crews. It is also important to note that this existing force main if not relocated now will need to be reconstructed eventually for significantly more dollars due to it’s longer length with the future Big Tree Road widening that is already being discussed by the County.  This future utility project is currently referenced in our city’s master utility plan and Volusia County’s Future Roadway Widening Plan. 

   

The developer’s utility contractor, Masci Construction has expressed their interest and provided a quotation to install the additional replacement 10” upsized force main along Reed Canal Road in addition to the 8” on-site force main section thru Legacy Phase II under this city cost participation request.  Per City Cost Participation requirements, both City Staff and Upham Inc. have verified that these prices are fair and reasonable and in-line with current industry pricing.   Funds are currently available in City Cost Participation Project UCP001 and Sewer System Rehabilitation URH001 to pay for this necessary capital improvement. We recommend approval of this funding request of an amount not to exceed $346,250 at this time. 

 

Staff recommends that Council approve City Cost Participation and issue a purchase order to Masci Construction in the amount of $346,250 for construction of a sewer force main along Reed Canal Road and thru Legacy Apartments Phase II, and to authorize the Mayor and City Manager to execute applicable contract documents, as necessary. 

 

Item 9 -           Change Order No. 2 to South Peninsula Sanitary Sewer Extension Part I (Dunlawton to Marcelle)

 

 

As this project continues through the residential and commercial areas of the south peninsula, we encounter pipe, drainage, and paving conditions that add cost to the project. These types of changes are consistent with conditions encountered during the Rose Bay sewer retrofit.  All changes associated with this Change Order stem from significant field construction changes that were required after discovering previously unknown Volusia County drainage structures that were buried beneath pavement at critical intersections. This occurred despite the fact that the plans were reviewed by Volusia County as part of the Right-of-Way Use Permitting process.  Furthermore, no records or anecdotal evidence existed to alert the City, Contractor, or Design Engineer of the presence of these hand-built drainage structures.  Unit prices for each of the referenced changes are consistent with the original contract line items and represent a fair and equitable market value.  Where unit prices were not included in the original contract, the negotiated prices are consistent with industry standards for similar work in this vicinity.  The total amount of these changes is $76,668.41 with an extension of 122 days to the contract time.   Funds are available in Project UET014 South Peninsula Sanitary Sewer Extension Part 1, Account No. 42104115356397.  

 

Staff recommends that Council approve Change Order No. 2 to Danella Construction in the amount of $76,668.41, a contract time extension of 122 days, and authorize the Mayor and City Manager to execute the associated contract documents.

  

City Manager’s Comments:  Before this item was brought forward for consideration, I visited the site to make sure I fully understood the situation.  The contractor ran into the undocumented stormwater pipe.  The manhole structures were covered over by asphalt and, therefore, were not visible to the designers.  I talked with our internal staff, the designer, and the contractor.  Why the 122 days?  Because of the conflict of the stormwater system and the utility system, the days were divided into three components: engineering and design; ordering and manufacturing of the conflict structure; and, finally, the installation of the structure and the utility piping.  The piping system was very complicated.  Initially, we thought we could avoid any additional days by instructing the contractor to move his operation to another area.  Unfortunately, the contractor ran into the same situation in the new area, undocumented stormwater manholes that conflicted with the utility lines. 

 

This is a legitimate change order based upon what I saw in the field and what I discussed with all the parties.  Neither the contractor nor the City staff nor our consultant would have known about the conflicts during the design phase.  It would only have become known during the construction phase because there were no as builts reflecting any of the conflicts.  We will seek some reimbursement from Volusia County for the work we have done improving and rebuilding their stormwater system in this area. 

 

Item 10 -        Commission Agreement between the City and Port Orange Family Days Community Trust, Inc.

 

With the completion of the Lakeside Community Center, opportunities exist to schedule events at the Center that would offset the costs of operating the center.  The commission agreement provides a 10% commission to the Community Trust for its scheduling of events at the center.  All use of the center would remain subject to approval by the City, require an application, and compliance with City policies for the use of public facilities.

 

Staff recommends that Council approve the commission agreement between the City and Port Orange Family Days Community Trust, Inc.

 

City Manager’s Comments:  I am attempting to have as many commission sales persons marketing our properties as venues as possible.  This is the first commission agreement.  In order for the Community Trust to receive a commission, they must actually bring the customer to the City for rental.  Simply telling a person about the facility is not enough to be paid a commission.  It is the physical booking that will produce the commission.

  

Item 11 -        Approve Fiber Optic to Performing Arts Center

 

Currently, the City has fiber optic connectivity between Fire Station 3, City Hall, Parks and Recreation, and the Police Department.  Extension of the City’s fiber optic to the Performing Arts Center will provide the infrastructure for increased communication capabilities and further cost savings as well as support for a back up EOC.  The effect of this recommendation will be to reduce the City’s costs and increase capabilities and bandwidth between sites within our campus.  The attached proposal is from Team Fishel, the winning bidder for bid 06-11 City Center Fiber Optic.  This includes all costs for conduit installation with fiber optic cabling and termination.  Funds have been allocated for this project No. 200501 in account number 505-1000-480-6415. 

 

Staff recommends that Council authorize Staff to execute the attached work order to Team Fishel in an amount not to exceed $44,325 for Phase 2 Fiber Optic Expansion to the Performing Arts Center.

 

Item 12 -        Bid Award – Eastport Business Park, Unit II

 

The City advertised for bids for the construction of the public improvements associated with the Eastport Business Park, Unit II.  Bids were received from three (3) contractors.  As detailed in the attached summary, Masci Corporation of Harbor Oaks, FL, was the low bidder at $1,726,850.   The duration of the project is estimated at 240 days. 

 

Funding for this construction project was previously approved by City Ordinance No. 2006-38, which authorizes the issuance of Tax Increment Financing bonds.  A promissory note from the Eastport Business Center CRA for bridge funding from the City’s loan pool has also been accepted by City Resolution No. 06-89 to allow award of this bid and the commencement of construction prior to the date the bond proceeds are available.  The construction account number for Eastport Business Park, Unit II is #102.1000.580.63-97, and the capital project number is 200534.

 

Staff recommends that Council award Bid No. B06-16A to the low bidder, Masci Corporation of Harbor Oaks, FL, in the amount of $1,726,850.

  

Item 13 -        Proposed License Agreement for 5987 Riverside Drive

 

The property owner of 5987 Riverside Drive is requesting permission to install concrete paver driveway aprons within the right of way of Riverside Drive, a 50 foot wide City right of way.  Concrete driveway aprons are standard; however, the property owner is obtaining a building permit to install a concrete paver circular driveway and would like the ability to use the pavers all the way to the edge of the pavement of Riverside Drive.  City departments have reviewed this request and approve this material as long as the edge is restrained to prevent the pavers from shifting and moving apart, as depicted in Exhibit B of the License Agreement. 

 

The license agreement has the effect of requiring the property owner to maintain and, if necessary, to replace these improvements with the accepted standard construction requirements of the City.  Further, should the property owner fail to abide by this agreement, the City is provided with the ability to take the necessary corrective action at the expense of the property owner.

 

Item 14 -        Contract Renewal – KemperSports Management, Inc.

 

The City currently has an agreement with KemperSports for management of the Golf Club at Cypress Head.  The City entered into a five (5) year agreement which provided for a five (5) year extension, if the City so desired.  The City has been pleased with the service that KemperSports has provided; therefore, the City would like to exercise its option of renew the agreement for an additional five (5) year period.

 

Staff recommends that Council approve a five (5) year renewal extension to the existing contract with KemperSports Management, Inc., for management operations at the Golf Club at Cypress Head.

 

City Manager’s Comments:  KemperSports Management has done an excellent job managing the golf course over the past 5 years.  We have seen a number of course improvements during that period of time.  They have managed the financial resources well and have made a return on the City’s investment. 

  

Item 15 -        Request to Paint Mural on Leased Premises – ArtHaus

 

ArtHaus has requested approval to paint a mural on the north side of the building they lease from the City at 3840 Ridgewood Avenue.  The mural would potentially encompass the entire north wall, which spans approximately 60 feet in length.  City staff has determined that such a mural, so long as it is purely a work of art and does not contain any advertising, is allowed by the Land Development Code.   Pursuant to Article IV of the lease agreement between the City and Arthaus, no alterations may be made to the leased premises or building without prior written approval of the City.  Due to the visual impact of such a large mural and potential public sensitivity to artistic expressions, this item is being presented to the City Council for its consideration.

 

Staff recommends that Council allow ArtHaus to paint a mural on the north side of the building at 3840 Ridgewood Avenue, subject to final design approval by the City.

 

G.                COMMUNITY DEVELOPMENT

Item 16 -        First Reading – Ordinance No. 2006-41 – Small Scale Future Land Use Amendment Villas of Key Largo (Continued to date certain of October 24, 2006, Council Meeting)

 

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 17 -        First Reading - Ordinance No. 2006-42 – Ordinance Approving a Master Development Agreement and Conceptual Development Plan – Villas of Key Largo (Continued to date certain of October 24,  2006, Council Meeting)

 

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 18 -        First Reading – Ordinance No. 2006-43 - Administrative Rezoning – From PUD to R-3M – 1152 Old Hammock Road (Country Manor ALF)

 

This is a request to rezone approximately 3.0 acres located at 1152 Old Hammock Road from “PUD” (Planned Unit Development) to “R-3M” (Moderate Density Multifamily Residential). The purpose of this administrative request is to correct an error on the City’s official Zoning Atlas. The proposed ordinance would restore the original zoning designation of the property to what it was before the error occurred. If the request is approved, the property owner, EDA Investment Corp., intends to sell the property for redevelopment.

 

Planning Commission Action:   Recommended approval, 5-0 (Commissioners Parker and Green excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   November 14, 2006

  

H.                 ADMINISTRATION

 

Item 19 -        Request from March of Dimes for City of Port Orange to Sponsor the Greater Halifax WalkAmerica to be held on Saturday, May 5, 2007

 

Kelley Harrell, Senior Community Director of the Central Florida Division of the March of Dimes, is requesting the City of Port Orange to be a 2007 Greater Halifax Walk America Site Sponsor by allowing the March of Dimes to use the City Complex grounds as a staging area for the Greater Halifax Walk America to be held Saturday, May 5, 2007.  The total cost for renting the facility would be $1,300.70 (rental items - $83.00; service items - $200.00; Personnel - $1,107.70).

 

Council must decide to waive any or all fees for this event.

 

City Manager’s Comments:  As you know, I have been deeply involved in the March of Dimes for a number of years.  I served last year as the honorary chair of March of Dimes and have agreed to do so again this year.  My family has been deeply involved in March of Dimes since my youth.  My sister had polio as a young child.  March of Dimes was there to assist my parents in dealing with her condition. 

 

Our City has been involved in March of Dimes for a number of years.  Last year, our employees raised and donated more than $20,000 to the March of Dimes effort.  As you may recall, our employees dedicated last year’s effort to Shari Schulz.  Shari was active in March of Dimes for a number of years.  She, along with Bobbi Palmer and a number of the members of our Finance Department and other operating departments made the March of Dimes Program a major focus. Therefore, I am declaring my conflict to you.

 

In the past, the City has waived some or all of the fees.  Beginning this past June, the City Council began requiring payment of the full amount.  To date, the Bike Races held in July paid the full amount; Reaching Out Festival paid the full amount; Victory Life Center paid the full amount; and the Daytona Beach Track Club paid the full amount.  Although this is a group and organization that many of you and our employees have been actively involved with, I must encourage the City Council to be consistent in the treatment of this organization in the use of our facilities and the charges for the use of the facility.

  

I.                     COUNCIL COMMENTS

 

Item 20 -        Comments/Concerns from Council Members

 

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

 

Item 21 -        City Council Committee Reports

 

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

 

 

 

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