MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Mary 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 June 5, 2007

 

Date:               May 29, 2007

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 CITIZEN PARTICIPATION (Non-Agenda)

C.                CONSENT AGENDA

 

Item 4 -           Approval of Minutes:

 

a.                  April 3, 2007 – Special City Council Meeting (5:00 p.m.)

b.                  April 3, 2007 – Special City Council Meeting (6:15 p.m.)

c.                  April 3, 2007 – Regular City Council Meeting

d.                  April 17, 2007 – Special City Council Meeting

e.                  April 17, 2007 – Regular City Council Meeting

f.                    April 24, 2007 – Special City Council Meeting

g.                  April 24, 2007 – Regular City Council Meeting

 

Attached are the minutes of the above meetings.  If you have questions, please contact either Shirley Kelly or me.  We recommend approval.

 

Item 5 -           Update on Construction Projects

 

Attached is the report from Quentin L. Hampton Associates, Inc.  If you have questions, please contact Mark Hampton, Warren Pike, or me.

 

Item 6 -           Update on Recreational Facilities

 

Attached is the report from Parks and Recreation.  If you have questions, please contact Susan Lovallo or me.

 

Item 7 -           City Attorney’s Report

 

Attached is the City Attorney’s Report.  If you have questions, please contact Margaret Roberts.

 

Item 8 -           Road Construction Report

 

Attached is the Road Construction Report.  If you have questions, please contact either Warren Pike or me.

 

Item 9 -           Purchase of Repair Parts for Lime Slakers at the Garnsey Water Plant

 

 

A major portion of the water softening process at the Garnsey Water Plant is the “slaking” of dry quick lime into a slurry, which is then fed into the softening units.   The lime slakers run continually when their treatment section is on line.   The environment of this process is extremely corrosive and these units need constant maintenance.  Part of our regular schedule of maintenance is to rebuild these units.

           

Two of the three treatment trains have slakers now in need of repair and rebuilding.  Water Treatment and Controls is the previously approved sole source vendor for these units.  (PO #056223)   A quote was received for the needed repair parts at a total cost of $30,630.67.

           

Staff recommends that Council approve the purchase of repair parts for two (2) lime slakers at the Garnsey Water Plant and authorize a purchase order to Water Treatment and Controls in the amount of $30,630.67.

 

 

Item 10 -        Audit Services Contract Extension

 

Brent Millikan & Company was awarded the contract resulting from RFP No. 04-07 for Audit Services.  In the contract, there was the option for one 2-year extension if mutually agreed upon by both parties.  Staff requested Brent Millikan to outline the cost for their firm to perform the City’s audit for that two-year extension.  They responded with the cost for the fiscal year ending September 30, 2007 of $48,400 and for the fiscal year ending September, 2008, a cost of $50,750.  They have also listed an hourly rate for any additional services.  Staff would like Council to authorize this contract extension with them for the additional two years.  Staff recommends that Council approve the contract extension for Brent Millikan & Associates as outlined for the next two years.

 

Item 11 -        Conveyance of Property to Induprop Inc. – Eastport Business Park, Unit II Subdivision

 

Pursuant to the Amended and Restated Eastport Business Park Agreement between the City and Induprop, Inc., executed in June 1999, 5.6 net useable acres of Unit II is obligated to Induprop.  The City previously transferred .16 acres as a fraction of the 5.6 acre obligation.  The City and Induprop have also agreed in concept to exchanging an additional 2.25 acres of land in Unit II for Lot 5 in Unit 1.   This land exchange is formalized in the subject agreement.  Pursuant to this Agreement, Induprop will acquire Lots 1 through 5 and Lot 7 in Unit II, and the City will acquire Lot 5 in Unit I.  The City will retain the remaining acreage in Unit II (namely, Lot 6) for economic development purposes.  Upon recordation of the Eastport Business Park, Unit II Plat, deeds may be prepared to effect the subject land transfers.

 

Staff recommends that Council approve the Modification to the Amended and Restated Eastport Business Park Agreement, and to authorize the Mayor and City Manager to execute all documents necessary to effectuate the property transfers.

 

 

D,        TABLED ITEMS

 

Item 12 -        First Reading – Ordinance No. 2007-17 – Annexation – Wal-Mart (Tabled March 27 2007)

 

We recommend that this item remain on the table.

 

Note: By City Council rule, this item will be required to be brought off the table on Tuesday, June 26.  The City Council on that date could return the item to the table or take action. 

 

  

Item 13 -        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 (Tabled March 27, 2007)

 

We recommend that this item remain on the table.

 

Note: See the note above. 

 

  1. BOARDS AND COMMISSION

 

Item 14 -        Report from Advisory Board:

 

a.                  Environmental Advisory Board

 

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

 

 

  1. COMMUNITY DEVELOPMENT

 

Item 15 -        Second Reading – Ordinance No. 2007-20 – Amending Section 5 of Chapter 16 of the Land Development Code Relating to Special Setbacks for a Structure of a Building Feature

 

We recommend approval.

 

Item 16 –       Resolution No. 07-50 – Methodology for Estimated Cost of Traffic Improvements Required by Concurrency

 

Ordinance No. 2006-45 provides that the City Council may establish by Resolution a standard calculation for use in computing the estimated cost of traffic improvements.  Staff currently recommends a Reservation Deposit in the amount of 110% of the costs as estimated by the City’s transportation consultant and Finance Department.  This percentage would apply until the actual cost of final construction has been determined.  A copy of the form agreement drafted to comply with Ordinance No. 2006-45 is attached for your reference.  Staff expects to revise this resolution periodically to reflect the fluctuation in the cost of road improvements.  Staff recommends that Council approve the attached resolution establishing a standard percentage rate for the Reservation Deposit representing the estimated costs of traffic improvements.

 

  

Item 17 -        Final Plat and Plans, Subdivision Improvement Agreement, and Concurrency and Transportation Fair Share Agreement – Waters Edge, Phase IX-B

 

This is a request to approve the final plat and plans for Water’s Edge Phase IX-B, located on the north side of Pioneer Trail, west of Stoneheath Lane, and east of Cypress Springs Parkway.  If approved, the 13.8 acre property would be subdivided into 23 single family lots.  The Fair Share Agreement covers Water’s Edge Phase IX-B and XII concurrency related traffic impacts on the four road segments or intersections, including Dunlawton/Taylor Road at I-95, Dunlawton/Clyde Morris Intersection, Town West/Williamson Intersection, and Summertrees Road.  The Planning Commission’s recommendation was contingent on resolution of all outstanding issues prior to City Council review, all of which have been resolved.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Barker excused).

 

Staff Recommendation:   Staff recommends approval.

 

Item 18 -        Final Plat and Plans, Subdivision Improvement Agreement, Landscape License Agreement and Concurrency and Transportation Fair Share Agreement – Waters Edge, Phase XII

 

This is a request to approve the Final Plat and Plans, Subdivision Improvement Agreement, Landscape License Agreement, and the Concurrency and Transportation Fair Share Agreement for Waters Edge, Phase XII.  If approved, the 36.2 acre property would be subdivided into 98 single family lots.  The Fair Share Agreement covers Water’s Edge Phase IX-B and XII concurrency related traffic impacts on the four road segments or intersections, including Dunlawton/Taylor Road at I-95, Dunlawton/Clyde Morris Intersection, Town West/Williamson Intersection, and Summertrees Road.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner McMasters excused).  The Planning Commission’s recommendation was contingent on resolution of all outstanding issues prior to City Council review, all of which have been resolved.

 

Staff Recommendation:   Staff recommends approval.

 

  

  1. PUBLIC UTILITIES

 

Item 19 -        Williamson Boulevard Phase I Reclaimed Water Main

 

 

At the request of the City Manager, Public Utilities staff performed an analysis of the capacity of the city’s water, sewer, and reclaimed water systems.  The findings are presented in the report entitled, “Utility Capacity Concurrency Evaluation for the Williamson Boulevard Corridor” dated May 25, 2007. 

           

With respect to reclaimed water, the report notes that system has 6,473 active connections with an additional 3,510 future connections under active plans review.  Existing reclaimed water demands routinely exceed available supply during the spring. 

           

If an adequate supply of reclaimed water were available to serve future growth south of Moody Bridge, then the City would need to install the hydraulic equivalent of a 24” main along the entire Williamson corridor connecting to a future 3 million gallon ground storage tank and pump station located somewhere in the vicinity of Pioneer Trail.  The total cost for these improvements is estimated at $3.9 million. 

           

However, staff cannot reasonably ensure that an adequate supply of reclaimed water will be available to reliably serve this area.  For that reason, we are recommending that the City not install the 20” main at this time.  Further, it is our recommendation that the City commit to making the Stanaki lands an interruptible reclaimed water customer served via a wholesale master- meter connection located in the vicinity of Williamson and Martin Dairy Road.  Public Utilities staff intends to require the developer to install a private irrigation system using non-potable water.             

 

As part of a future LDC amendment, staff plan to recommend requirements for all new developments to install private non-potable irrigation systems utilizing stormwater and groundwater supplemented by interruptible reclaimed water (where available).  It should also be noted that Paul Haydt of the SJRWMD has represented that such private projects would be eligible to apply for Alternative Water Supply Grants. 

 

Staff recommends that Council approve the deletion of the 20” reclaimed water main from the Williamson Boulevard Phase I roadway widening project, thereby saving the City $564,700, and to authorize the Mayor and City Manager to execute the associated contract documents, as necessary.

 

 

City Manager’s Comments:  I asked the Public Utilities Department to review our need for water, reclaimed, and sewer south of Moody Bridge.  The report realizes that there is limited capacity to provide reclaimed water during peak periods in certain areas.  What is proposed is a change in philosophy.  If the City Council accepts the findings of the report, we would be amending the LDC to provide that reclaimed water in all new developments must provide for an alternative irrigation water source.  They would no longer depend on the City’s reclaimed water system.  We would master meter the reclaimed water to the development with the development then being responsible for the internal delivery of reclaimed water to their customers.  Also, they would be responsible for developing an interruptible water source to serve their residents during drought periods.  This would apply to all new development that would be occurring city wide that currently has reclaimed water available but not connected.

 

 

  1. PUBLIC SAFETY

 

Item 20 -        Resolution No. 07-51 - Traffic Enforcement Agreement with Sabal Creek Homeowners Association

 

The City of Port Orange and the Sabal Creek Homeowners Association entered into a Traffic Enforcement Agreement on May 10, 2004.  The agreement may be renewed for successive periods not to exceed two years each upon mutual agreement of the City Council and the Association.  The Sabal Creek Homeowners Association has agreed to renew the term of the agreement for an additional two year period expiring on September 30, 2008.  Staff recommends that Council approve the attached resolution authorizing approval of a two year extension of the Traffic Enforcement Agreement with the Sabal Creek Homeowners Association.

 

 

  1. ADMINISTRATION

 

Item 21 -        Second Reading – Ordinance No. 2007-26 – Amending Chapter 17, Section 25.5 of the Land Development Code Relating to Riverwalk Overlay District

 

We recommend approval.

 

Item 22 -        MPO Membership Assessment and Funding Agreement

 

The City of Port Orange has received a bill from the MPO for payment of $5,607.  For a number of years, there was no assessment charged to local governments to participate in the funding of the MPO.  A few years ago, the MPO asked local governments to participate in the funding.  Each of the local governments agreed to contribute.  I would recommend the City of Port Orange pre-fund the MPO assessment from this year’s operating budget rather than fund out of next year’s budget.

 

City Manager’s Comments:  Since all local governments are reducing their operating budgets, I think it is essential that the MPO Board examine the MPO budget to make sure that it, too, is reducing its cost and that those cost reductions are reflected in the amount local governments are paying.  What we will be experiencing is not a one-year reduction.   In fact, I believe it will be a two to three year reduction or at least holding the same funding level.  The MPO is a small budgetary item, but so are many of our programs and activities that residents believe are essential to the overall quality of life for our residents. 

 

Item 23 -        Discussion – How Shall We Grow?

 

Vice Mayor Martin asked that we place this item on the Agenda.  This is a request from MyRegion for the City to provide input into the growth model for the region.  Based upon the current City limits and the area governed by the Port Orange Comprehensive Plan, the City of Port Orange can expect a population of about 75,000 residents.  The number may be slightly more or slightly less depending on the actual number of homes constructed.  I would recommend that we use that estimate as our projected build out population number. It is reasonable to expect the City of Port Orange to reach build out before the year 2030.  Some of our models have projected build out sometime between 2020-2025.  Before this current housing slow down, it appeared that our build out projection would be achieved before 2017-2020.  The economy will determine the exact date of build out within the existing land area and Comp Plan jurisdiction area for Port Orange.  Even if adjacent properties should annex into the City of Port Orange, it is not anticipated that they would add measurable population differential to the City of Port Orange.   We recommend that the City of Port Orange communicate with MyRegion that we believe our population will continue to be classified as a medium size city with a population in the 75,000 range at build out. 

 

 

  1. COUNCIL COMMENTS

 

Item 24 -        Comments/Concerns from Council Members

 

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

 

 

 

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