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

April 3, 2007

 

Date:               March 28, 2007

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

  

B.                 SPECIAL RECOGNITION AND PROCLAMATION

 

Item 4 -           Proclamation – Water Conservation Month

 

Attached is the Proclamation for Water Conservation Month.  Deborah Green will be in attendance to receive the proclamation.

 

Item 5 -           Water Conservation Month – Poster Contest Winners

 

Three students will be recognized for their posters created for Water Conservation Month.  The students are:

 

Myia Freeman – Horizon Elementary School

Dawn Pompeo – Horizon Elementary School

           Jackie Diamond – Spruce Creek Elementary School

 

The students have been invited to attend the Council Meeting.

 

Item 6 -           Presentation of Redevelopment Grant Award – Daytona Auto Tint

 

In August 2005, Daytona Auto Tint was awarded a $15,000 Level III Redevelopment Grant plus reimbursement for development related fees totaling $2,191.20.  Redevelopment grants are made on a reimbursement basis.  Construction on the renovated and expanded mixed-use structure is now complete.  The 2,100 square foot modified structure now houses a first floor hair salon and 730 square foot second-floor apartment in addition to the Daytona Auto Tint business.   The exterior of the structure now reflects a Florida vernacular design consistent with the Riverwalk redevelopment theme.  All site features have also been brought up to current City code, including landscaping.  This is an opportunity for the City Council to formally present a reimbursement check for $17,191.20 to Tom and Denise Stratton, owners of Daytona Auto Tint, for their redevelopment efforts.

  

C.                CITIZEN PARTICIPATION

 

Item 7 -           Florida Department of Financial Services – Randell Brown

 

Mr. Brown will make a presentation to Council at this time.

  

D.                CITIZEN PARTICIPATION

E.                 CONSENT AGENDA

 

Item 8 -           Approval of Minutes

 

Attached are the minutes of the following meetings:  Regular Meeting of February 26, 2007; Special Meeting of February 20, 2007; Regular Meeting of February 20, 2007, and Regular Meeting of February 27, 2007.  If you have questions, please contact either Shirley Kelly or me.  We recommend approval.

 

Item 9 -           Update on Construction Projects

 

Attached is the report form Quentin Hampton’s on various projects.  If you have questions, please contact Mark Hampton or me.

 

Item 10 -        Update on Recreational Facilities

 

Attached is the report from Parks and Recreation.  If you have questions, please contact either Glen Walker or me.

 

Item 11 -        Road Construction Report

 

Attached is the report from Warren Pike.  If you have questions, please contact either Warren or me.

 

Item 12 -        Waive Bid Procedure – July 4th Fireworks Celebration

 

As the City has done in the past, we have received a letter from Fireworks by Santore to assist in co-sponsoring the July 4th fireworks celebration with their “in kind” match of $0.50/$1.00 spent.  Council has previously approved waiver of bid procedure and awarded the sole acquisition of those fireworks to Santore in the amount of $20,000.  Staff again requests that Council authorize this acquisition of the July 4th fireworks to Fireworks by Santore Inc. for $20,000.

 

City Manager’s Comments:  We have a credit from last year’s program.  As you will recall, we moved the program from the 4th of July to October because of the lack of rain.   Because of programming problems, the show was delayed by one night in October.  Santore provided us with a credit on that show.  We will use those funds to enhance this year’s program.

 

Item 13 -        Change Order No. 1 for Masci Construction, Inc., for the Spruce Creek Road Utilities Improvements Project

 

This project has now been successfully completed.  Actual field quantities have been tabulated so that final pay adjustments can be made to the contract.  The contractor, Masci Construction, Inc. completed the project, including the addition of a water line replacement.  This project provided for (1) sewer extension to the unserved portion of Spruce Creek Road, (2) the placement of sidewalk along Spruce Creek Road from Dunlawton to Commonwealth Boulevard (3) the replacement of a potable water line, and (4) the replacement of a 2” reclaimed water line.  This final change order reflects a total deduct in the amount of $161,444.18.   We are recommending that Council approve the final deductive change order, making the final contract amount $998,865.84.

 

Staff recommends that Council approve a deductive change order of $161,444.18 to Masci Construction, Inc., making the final contract amount $998,865.84, and to authorize the Mayor and City Manager to sign the documents on behalf of the City. 

  

City Manager’s Comments:  We will retain these funds to be used for the bridge over the retention pond that is currently under construction near Fire Station 2.  This will be incorporated into the walkway system that is planned for this retention pond.  The bridge will be wide enough to support the FEC vehicles as well as our own maintenance vehicles that are needed to service this retention pond/park. 

 

F.                 TABLED ITEMS

 

Item 14 -        First Reading – Ordinance No. 2007-17 – Annexation – Wal-Mart (Tabled March 27, 2007)

 

This item was tabled at the March 27, 2007, City Council Meeting.

 

Item 15 -        First Reading – Ordinance No. 2007-18 – Approving a Master Development Agreement and Conceptual Development Plan for the Port Orange Nova Road/Madeline Avenue Wal-Mart PCD (Tabled March 27, 2007)

 

This item was tabled at the March 27, 2007, City Council Meeting.

 

G.                BOARDS AND COMMISSION

 

Item 16 -        Reports from Advisory Boards

 

a.                  Bike Task Force Board

 

A representative of the Bike Task Force Board will make a report to Council at this time.

 

b.                  Environmental Advisory Board

 

A representative of the Environmental Advisory Board will make a report to Council at this time.

 

c.                  Parks and Recreation Advisory Board

 

A representative of the Parks and Recreation Advisory Board will make a report to Council at this time.

 

H.                 FINANCE

 

Item 17 -        Monthly Financial Report

 

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

 

City Manager’s Comments:  We continue to monitor several areas of our budget.  Overall, the General Fund revenue and expenditures are within the tolerances we expect for this time of the year.  Tax collections may be coming in at a faster rate than normal.  It appears that people are taking advantage of the higher discount rates.  We will continue to monitor this revenue source.  Also, we are monitoring the State revenues.  There has been much press about the decline in State revenues.  The two areas that we are monitoring are: State Revenue Sharing and State Sales Tax.  It appears that we are about where we thought we would be in this category.  During this period of the year, the State normally holds back money and then “trues up” their funding after July 1.

 

I.                     COMMUNITY DEVELOPMENT

 

Item 18 -        First Reading – Ordinance No. 2007-19 - Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – The Altimira Shopping Village Planned Commercial Development (PCD)

 

This is a request to approve the attached ordinance rezoning and approving the Master Development Agreement, Conceptual Development Plan, Site Development Agreement and Indemnity Agreement dated March 5, 2007 for the Altamira Shopping Village PCD.  If approved, the developer proposes to submit a final plat and plan and a final site plan application in order to: subdivide and develop the property with a maximum commercial and office area of 167,166 square feet, relocate a free flowing drainage way, extend Yorktowne Boulevard from Dunlawton Avenue to Taylor Road, and construct associated stormwater improvements and infrastructure improvements. 

 

Planning Commission Action:  The Planning Commission recommended approval, 7-0, to rezone approximately 26.9 acres located on the north and south sides of Taylor Road, west of Clyde Morris Boulevard from “ICD” (Interchange Commercial District), “A” (Agricultural), and “F-C” (Floodplain Conservation) to “PCD” (Planned Commercial Development).  The Planning Commission’s recommendation also includes approval of the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Altamira Shopping Village PCD, subject to the following:

 

1.   Resolution of all outstanding technical comments;

2.   Deleting all language referring to the Special Assessment District and early vesting, as recommended by the City Attorney;

3.   Revising the MDA, Conceptual Development Plan and exhibits in accordance with the Commission’s policy issue decisions;

4.   Language being added to the MDA that the site plan for Lot 6 will be a major site plan;

5.   Completion of all such revisions prior to scheduling the PCD for City Council review; and

6.   Review by the City Attorney as to legal form and content.

 

Please see the Staff update memo and January 4, 2007 Staff report. The MDA and CDP have been revised to address a majority of the comments; however, there are still comments that have not been addressed as required by the Planning Commission’s recommendation of approval for this item. The applicant, Chris Challis of Cobb and Cole, acknowledged this in his March 5, 2007 re-submittal letter and stated that he would like to discuss the unresolved comments with the City Council.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 1, 2007  

 

City Manager’s Comments:  The extension of Yorktowne Boulevard through from Dunlawton to Taylor Road is part of this project.  We are working with the developers to establish a special district for this project.  It will include the relocation of the B-19 Canal as well. 

 

A few weeks ago, this project was before the City Council.  There were several questions asked about the project during that meeting.  One of the questions related to the downstream impact.  The City Council wanted to see the cross section of the canal after it crossed Taylor Road. There was a concern about the setback from the canal on the south side of Taylor Road and how stormwater would be handled on the tract of land located south of Taylor Road. 

 

There are policy issues that will need to be resolved by the City Council.  Chris Challis will be making the presentation to the City Council related to the policy issues. 

 

In the month of May, it is our intent to bring forward the special district that will allow this project to proceed.  With the establishment of the Special District, the improvements can be made. 

 

Item 19 -        Resolution No. 07-26 - Street Light Payment Policy

 

For newly constructed subdivisions, FPL began charging the City for any extra lengths of power cable needed over the normal amount of power cable necessary to provide electrical services to lots in the subdivision (additional cable conductor fee). The extra lengths of power cable are for a different voltage line placed between a street light and the nearest point of connection. The City pays the FPL additional cable conductor fee indefinitely. It has been proposed to start charging this cost to the subdivision developer for thirty years, as charges for light poles above City standard poles are charged.

City Departments have reviewed this request and have no outstanding concerns. An amended resolution has been prepared and has been attached.

 

Staff recommends that Council amend Resolution No. 97-66, adding additional cable conductor fees that FPL charges the City, to the fees required to be paid by the Developer.

 

Item 20 -        Resolution No. 07-27 - Proposed Easement Vacation – The Groves PUD, Phase A Subdivision, Lot 48 (1423 Royal Grove Lane)

 

The Community Development Department has received a request to vacate a portion of the easterly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 48 of The Groves Phase A Subdivision. The property owner has made this request in connection with a proposed pool, deck, and screened pool enclosure to be constructed into the easement. The easement vacation application and legal description have been reviewed for completeness and accuracy. Total allowable lot coverage has not been exceeded and the lot was graded in a way that the easement is not necessary for drainage. City departments have reviewed this request and have no outstanding concerns. There are no currently planned drainage or utility improvements proposed for this area in the future. The easement may be vacated, as described in the attached Exhibit “A”, to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating the southerly 5.00 feet of the northerly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 48 of The Groves Phase A Subdivision, per the attached legal description.

 

Item 21 -        Resolution No. 07-28 - Repeal Resolution No. 06-4 - Vacating a Portion of the Plantation Home Way Right-of-Way

 

At the request of the property owner, we are repealing Resolution No. 06-4.

 

Item 22 -        Resolution No. 07-29 - Proposed Right-of-Way Vacation – Plantation Home Way, Port Orange Plantation Phase I Subdivision

 

The Community Development Department received a request to vacate a portion of the Plantation Home Way right-of-way dedicated to the City of Port Orange by the plat of Port Orange Plantation Phase I as recorded in Map Book 51, Page 52 through Page 55, of the Public Records of Volusia County, Florida. The request has been made in conjunction with a proposed Port Orange Plantation Phase I-A plat that eliminates a Plantation Home Way cul-de-sac and in conjunction with a proposal to extend this roadway in to the Port Orange Plantation Phase III area. The Phase I-A plat has received a Development Order and the Phase III subdivision is currently under construction.

 

The right-of-way vacation application and legal description have been reviewed for completeness and accuracy. City departments have reviewed this application and request that the recording of the quit claim deed be conditioned upon the recording of the Port Orange Plantation Phase I-A plat. A performance bond has been provided allowing for plat recordation prior to the completion of development work in the Phase I-A area. Release letters have been obtained from franchise utility companies for the proposed right-of-way vacation area as described in the attached legal description, Exhibit “A”. Property ownership of the adjacent parcels is in the name of D.R. Horton, Inc. – Jacksonville, the Developer, the Port Orange Plantation Homeowners Association, Massiel Baksh, and Torrance Baksh. The right-of-way may be vacated to the extent that it will be reestablished with the recording of the Port Orange Plantation Phase I-A plat.

 

Staff recommends that Council approve the attached resolution vacating the Plantation Home Way right-of-way, dedicated to the City of Port Orange within the plat of Port Orange Plantation Phase I, as described in the attached legal description, Exhibit “A”.

 

Item 23 -        Resolution No. 07-30 - Repeal Resolution No. 06-5 – Vacating a Portion of Platted Drainage and Utility Easements for Lot 29, a Portion of Tract E, and a Portion of Tract A, Port Orange Plantation, Phase I

 

At the request of the property owner, we are repealing Resolution No. 06-5.

 

Item 24 -        Resolution No. 07-31 - Proposed Drainage Easement and Utility Easement Vacations – Port Orange Plantation Phase I Subdivision

 

The Community Development Department received a request to vacate a portion of the Drainage Easement over Tract A and the 12.00-feet wide Drainage/Utility Easement along the Plantation Home Way right-of-way fronting a portion of Tract A, Tract E, and Lot 29, granted to the City of Port Orange by the plat of Port Orange Plantation Phase I as recorded in Map Book 51, Page 52 through Page 55, of the Public Records of Volusia County, Florida. The request has been made in conjunction with a proposed Port Orange Plantation Phase I-A plat that eliminates a Plantation Home Way cul-de-sac and in conjunction with a proposal to extend this roadway in to the Port Orange Plantation Phase III area. The Phase I-A plat has received a Development Order and the Phase III subdivision is currently under construction.

 

The easement vacation application and legal descriptions have been reviewed for completeness and accuracy. City departments have reviewed this application and request that the recording of quit claim deeds be conditioned upon the recording of the Port Orange Plantation Phase I-A plat. A performance bond has been provided allowing for plat recordation prior to the completion of development work in the Phase I-A area. Release letters have been obtained from franchise utility companies for the proposed utility easement areas as described in the attached legal descriptions, Exhibit “A”, Exhibit “B”, and Exhibit “C”. Property ownership of the adjacent parcels is in the name of D.R. Horton, Inc. – Jacksonville, the Port Orange Plantation Homeowners Association, Inc., Massiel Baksh, and Torrance Baksh. The drainage easement may be vacated to the extent that it will not be necessary and the utility easement may be vacated to the extent that it will be reestablished with the recording of the Port Orange Plantation Phase I-A plat.

 

Staff recommends that Council approve the attached resolution vacating a Drainage Easement and a Drainage/Utility Easement, granted to the City of Port Orange within the plat of Port Orange Plantation Phase I, as described in the attached legal descriptions, Exhibit “A”, Exhibit “B”, and Exhibit “C”.

 

Item 25 -        Development Order Extension – Port Orange Plantation Phase 1-A Replat

 

This is a request to approve the Development Order Extension for the Port Orange Plantation Phase 1-A Replat, as recommended by the Planning Commission.  The subject property was originally platted as common area and public right-of-way as part of Phase I of Port Orange Plantation.  If approved, the Development Order Extension for the 1-A Replat will create two single-family lots on 0.79 acres at the end of a cul-de-sac that is to be vacated.  The site is located on the west side of Williamson Boulevard, north of Royal Palm subdivision.

 

Planning Commission Action:  At its February 22, 2007 meeting, the Planning Commission recommended approval, 7-0, of the Development Order Extension for the Port Orange Plantation 1-A Replat, subject to the conditions listed above.  Please note that the right-of-way vacation and easement vacation requests have also been scheduled for review at the April 3, 2007 City Council meeting.  The Planning Commission’s recommendation for approval is subject to the following conditions:

 

·        City Council approval of the right-of-way vacation and easement vacation requests; and

·        Review by the City Attorney as to final form and content.

 

Staff Recommendation:   Staff recommends approval.

 

J.                  PUBLIC UTILITIES

 

Item 26 -        Resolution No. 07-32 - Amending Wetland Mitigation Bank Policies and Fees for State Mitigation Credits

 

The City, with the aid of its contract forester Steve Edgar, has obtained permits to operate a wetland mitigation bank on portions of the central wellfield properties.  The bank is located on approximately 5,000 acres of land in sole-ownership by the City of Port Orange.  The resolution under consideration proposed to modify the previous policies and fees established via Resolution No. 06-59 and modified via Resolution No. 07-13.  Under the proposed change, the cost per State Mitigation credit would be increased from the current price of $37,500 to $40,000 effective upon approval.  Thereafter, the price would increase to $45,000 per credit effective June 1, 2007, and subsequently increase to $50,000 per credit on January 1, 2008.  These increases are recommended for several reasons.  First, staff understands that other local banks are nearing buy-out.  A void in the local mitigation credit marketplace coupled with the visibly increased recent demands makes the credits in the Port Orange bank a desirable commodity, thereby increasing their value.

 

Staff recommends that Council approve the resolution amending policies and fees for the sale of credits from the City of Port Orange wetland mitigation bank.

 

City Manager’s Comments:  When we adopted the wetland mitigation bank resolution last year, we stated that we would review the mitigation credit pricing at 6 months.  The demand has been extremely high for the credits.  There is only one other active mitigation bank in our area.  Our charges will be slightly more than theirs.  We are not attempting to be the cheapest mitigation bank in the area.  Literally, we could sell all of our credits at the dollar amounts that we have established under the current resolution.  This Resolution will raise the price to the ultimate price of $50,000 per state credit that would be effective next January.  We would look at the pricing again next spring and set the price for the period between July, 2008 and July, 2009. 

 

This is a tremendous asset for the City of Port Orange.  As we sell credits, the City should continue to invest in additional lands that can be used for mitigation and preservation purposes.  Secondly, there are maintenance expenses on the land and improvements that the City must do annually.  Those dollars must be set aside and budgeted annually.  Third, there are certain pieces of equipment that will be needed by the City to protect and preserve this asset over the years.  Those expenses can be paid for out of the revenue received from the bank proceeds.  Finally, the City of Port Orange needs to explore other mitigation opportunities, such as gopher tortoise habitat and scrub jay habitat, and add those to our mitigation bank opportunities. 

 

Should you have questions, please feel free to contact me.

 

K.                 PUBLIC SAFETY

 

Item 27 -        Bike Week Report

 

The Port Orange Police Department will present a report that will detail the number of traffic violations, sound violations, activity, and complaints that were investigated during Bike Week.

 

L.                  COUNCIL COMMENTS

 

Item 28 -        Comments/Concerns from Council Members

 

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

 

 

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