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 24, 2007


Date:               April 17, 2007







Item 4 -           Report from KemperSports Management


A representative from KemperSports Management will make a report to the Council at this time regarding the City’s Golf Course.





Item 5 -           United Way – Susan Caplan


Ms. Caplan will give an update on United Way.



E.           CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


F.            CONSENT AGENDA


Item 6 -           Project Manager’s Report


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


Item 7 -           Change Order to Robert Hall Construction for Additional Work at Lakeside Community Center


Additional work was required to complete the Lakeside Community Center in time for occupying the building.  We are submitting the costs as a Change Order to their contract.  Staff recommends approval of the Change Order to Robert Hall Construction for additional work on the Lakeside Community Center in the amount of $11,334.52.


City Manager’s Comments:  This is the final change order for this project.  The project is complete and open.  Rental for the building has been good.  The marketing is going well. 


Item 8 -           Bid Award – Concrete Construction


Staff advertised and received five bids for the Concrete Construction contract.  As shown on the attached summary, Sparks Concrete, LLC is “overall” low bid vendor.  This contract provides for the installation and repair of sidewalks, bikepaths and curbing as needed.  This contract will be effective June 1, 2007 through May 31, 2008; and funds are available in account # 301 4300 541 6363, project #OMI007.


Staff recommends Bid No. B01-10, Concrete Construction, be awarded to “overall” low bid vendor, Sparks Concrete, LLC.


Item 9 -           Mark Dowst & Associates Professional Fees


Mark Dowst & Associates provided professional services in both surveying and engineering during the construction of the Palmer Campus and associated Loop Road.  Mark Dowst & Associates were under a continuing contract at the time these services were rendered.  The City acknowledges performance and receipt of these professional services.  The submittal of their invoicing however was delayed considerably.  Funding for this expenditure of $126,180.63 has been identified as follows: 412 1800 541 6397, Project #AIO003 in the amount of $62,063; 001 1000 580 6397 Project #AIO003 in the amount of $64.117.63  


Staff recommends that Council approve this expenditure of $126,180.63 to Mark Dowst & Associates for professional services rendered during the construction of the Palmer campus and associated Loop Road.


City Manager’s Comments:  Mark Dowst was contracted to do certain work associated with the land where Palmer is located.  This included the design of the road network and the water and sewer improvements.  He was required to prepare a plat for the property, too.  Although the project was completed several years ago, Mr. Dowst never billed the City for his work.  The City has made inquiries to Mr. Dowst about needing his bill for the work performed.  Recently, we received the bill.  Although funds are available to pay the bill, staff felt that the City Council needed to provide authorization since the work was completed several fiscal years ago. 


Item 10 -        Waiver of Bid Procedures and Awards Purchase of Replacement 800 MHz Radios to Communications International


The County of Volusia 800 MHz radio is GE Erickson.  Communications International is the sole source “local” provider of this radio equipment.  The current radios are obsolete and replacement radios have been budgeted for each respective department with the funding coming from the Fleet Financing Account 505 100 380 6406.


Staff recommends that the City Council approve Communications International as the sole source provider for replacement of respective department radios from Communications International.


Item 11 -        Approve Halifax Sport Fishing Club’s 19th Annual Fishing Tournament


The Halifax Sport Fishing Club is requesting permission to use the pier under the Port Orange Bridge Saturday, May 5, 2007 from 9:00 a.m. to 1:00 p.m.  This will be their 19th annual fishing tournament benefiting mentally and physically challenged children and adults.


Staff recommends that Council approve the Halifax Sport Fishing Club’s 19th Annual Fishing Tournament to be held May 5, 2007 on the fishing pier under the Port Orange Bridge from 9:00 a.m. to 1:00 p.m.


Item 12 -        Approve Final Ranking of Construction Inspection and Environmental Services Contract


The City Staff issued a request for statements of qualifications for Construction Inspection and Environmental Services on a continuing basis.  The selection committee short listed three firms and then heard oral presentations from those three firms.  Dennis Kennedy, the Council member representative, was unable to attend the oral presentations.  The committee unanimously determined the final ranking as follows: 1) Quentin L. Hampton & Associates/Good Environmental/Biological Consulting Services/Tierra Verde; 2) PSI and 3) Universal Engineering.


Staff recommends that Council approve this final ranking and authorize staff to enter into negotiations with the number one ranked firm for a successful contract.  Funding for this contract is funded in account #001 1900 515 3113.


Item 13 -        Amendment No. 1 to Kimley-Horn & Associates, Inc. for Port Orange Business Park Landscape Architectural Consulting Services


Kimley-Horn & Associates, Inc. is currently under contract to perform engineering services related to the Port Orange Business Park; however, landscaping and irrigation design were listed as an additional service outside of their original scope of work.  The attached Addendum represents design phase landscape architectural services for the business park in the fixed fee amount of $10,500, plus other direct costs, estimated not to exceed $500 for reprographics and postage.


The scope of work, which has been reviewed by the City’s Landscape Architect, includes preparation of a concept plan, construction documents, site inspections and as-builts.  The primary project areas are the I-95 buffer, retention pond, interior right-of-way, and the Williamson Blvd. Buffer.


Staff recommends that Council approve Addendum No. 1 to the agreement with Kimley-Horn & Associates, Inc. dated March 21, 2006, for landscape architectural consulting services for the Port Orange Business Park in the amount of $11,000, and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.


Item 14 -        Approval of Wetland Mitigation Credits for Port Orange Business Park


St. Johns River Water Management District has reviewed the City’s response to its request for additional information and is seeking additional technical information in order to permit the Port Orange Business Park, Application No. 4-127-108276-1.  One of the items they have requested is a letter from the mitigation banker, in this case the City, verifying that sufficient credits have been reserved for the project and will be available for withdrawal upon the issuance of the District’s permit.


After accounting for on-site mitigation, the project engineers, Kimley-Horn and Associates, Inc., have determined that 10.1 credits will be required from the City’s project bank.  The credits would be withdrawn at the time the District permit is received.


Staff recommends that Council approve allocating 10.1 mitigation credits from the City’s project bank to the Port Orange Business Park and authorize the City Manager to send appropriate documentation to the St. Johns River Water Management District.



G.           TABLED ITEMS


Item 15 -        First Reading - Ordinance No. 2007-17- Annexation – Wal-Mart (tabled 3/27/07)


This item will remain on the table.


Item 16 -        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 3/27/07)


This item will remain on the table.





Item 17 -        Second Reading – Ordinance No. 2006-41 – Small Scale Future Land Use Amendment – Villas of Key Largo


We recommend approval.



Item 18 -        Second Reading – Ordinance No. 2006-42 – Ordinance Approving a Master Development Agreement and Conceptual Development Plan – Villas of Key Largo


We recommend approval.


Item 19 -        Approve Bella Oaks Townhomes/Executed Concurrency and Fair Share Agreement; Utilities Easement; Public Improvements Agreement; Access, Maintenance and Drainage Easement; Perpetual Access, Maintenance and Drainage Easement; Ingress and Egress Easement; Tree Conservation Easement; and On-Site Utilities and Facilities Easement


Bella Oaks, which is located west of Clyde Morris Blvd., north of the Pickwick Mobile Home Park, is a proposed 138-unit multi-family development currently under staff review.  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.  Bella Oaks’ fair share amount is $88,400, which will go toward the improvements of the Clyde Morris/Dunlawton Avenue intersection and the Dunlawton/Taylor Road at I-95 intersection.  The subject agreements 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 Bella Oaks site plan and architectural elevations for the Council’s information.


Staff recommends Council approval for the above listed concurrency and fair share agreement, easements, and public improvement agreement for the Bella Oaks Townhomes development.



            I.      PUBLIC WORKS


Item 20 -        FEC Access by Fire Station 2 (Cambridge Project and Landscape Improvements for Oakland Park)


 An access road by Fire Station 2 on Trailwood Drive, utilized by Florida East Coast Railway, was eliminated with the construction of a retention pond needed for the Cambridge Drainage Improvements Project.  The FEC requires access in order to perform maintenance on the tracks and signals.  Attached is a proposal from Masci Corporation that provides three options and their related costs in order to restore the FEC access.


City Manager’s Comments:  I met with Warren and the engineers last Monday concerning the options.  Although there are less expensive options, the bridge option is the most effective and in the long term probably is the lowest cost option from a maintenance standpoint.  This bridge will be part of the City’s overall walkway system that will convert this retention pond into a park-like setting.  These parks are very popular in our City and provide amenity features for neighborhoods.


We have been working with the Oakland Park neighborhood related to landscaping improvements.  I will be providing you a copy of the landscape plan and cost estimate.  With your approval, we will make both of these improvements.  We will bring back the appropriation resolution putting the money in the right categories. 





Item 21 -        Resolution No. 07-39 - Stanaki Property Florida Communities Trust Grant Application


Situated along the east side of Interstate 95 and west of Martin’s Dairy Road, the Stanaki property measures roughly 441 acres.  Comprising four different parcels, the Stanaki property is adjacent to the Doris Leeper Spruce Creek Preserve.  These undeveloped parcels are habitat to numerous native plant species and wildlife, and a section of the historic King’s Road that navigated from the Smyrna Colony to St. Augustine is found on the property.  The City seeks to acquire the Stanaki property for preservation and recreational purposes.  To assist with the acquisition, the City requests funding from the FCT grant program to purchase the property.  Other partners in the acquisition are the Volusia Forever program and the St. Johns River Water Management District.  Because of FCT funding limits, the City can apply for up to 10% of the available funding: $6,600,000. The City requests that amount from the FCT program and commits to a cash match.


Staff recommends Council approval of the attached resolution authorizing the City Manager to submit a Florida Communities Trust (FCT) grant application and to authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.


Item 22 -        Resolution No. 07-40 - Issuance of Debt for Land Acquisition and Construction of Public Infrastructure – Port Orange Town Center


Ordinance No. 2007-02 adopted by the City Council on February 20, 2007, authorized the issuance of Tax Increment Financing (TIF) bonds in the aggregate principal amount not to exceed $10 million.  This authorized debt is for land acquisition and public infrastructure improvements associated with the implementation of the Port Orange Town Center Community Redevelopment Plan.  The authorized debt can be issued in one or more installments, with each installment authorized by resolution of the City Council and approval by the Community Redevelopment Agency for Port Orange Town Center.  The attached resolution sets forth the fiscal details and other covenants and provisions necessary for the security, marketing, sale and issuance of the Authorized Debt.   This initial debt issuance is for $5,600,000.


Staff recommends Council to approve the attached resolution authorizing the issuance of Series 2007 Tax Increment Revenue Bonds for Port Orange Town Center in the amount of $5,600,000, and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.




Item 23 -        Comments/Concerns from Council Members


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


Item 24 -        City Council Committee Reports


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