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
October 2, 2007
Date: September 24, 2007
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL REPORT
Steve Edgar, the City’s Forester, will present a report to the Council regarding the City’s wellfield property.
The City Council requested an update from Volusia County related to the South Williamson Boulevard construction. Jerry Brinton will be in attendance to provide the update on the project.
C. CITIZEN PARTICIPATION (Agenda)
You have received a letter from Halifax Veterinary Clinic related to the fair share agreement and cost associated with the construction of their new clinic on Dunlawton Avenue. Fair share payments are due at the time a Development Order is issued.
I have asked Wayne Clark to provide background information on this item. It should be ready by the end of the week.
D. CITIZEN PARTICIPATION (Non-Agenda)
E. CONSENT AGENDA
Attached are the minutes of the following meetings:
August 1, 2007 – Special Meeting
August 7, 2007 – Regular Meeting
August 21, 2007 – Special Meeting
August 21, 2007 – Regular Meeting
August 28, 2007 – Special Meeting
August 28, 2007 – Regular Meeting
Staff recommends that Council approve the minutes.
Attached is the report from Quentin L. Hampton Associates. If you have questions, please contact Warren Pike, Roger Smith, Mark Hampton, or me.
Attached is the report from Parks and Recreation. If you have questions, please contact either Susan Lovallo or me.
Staff solicited bids for dirt hauling from the wellfield recharge lake area to the new Fire Station No. 75 site. It is anticipated that the City will need approximately 24,500 cubic yards of dirt at the site. The City already has a contract with Halifax Paving received in Bid B 05-04 for loading the dirt at a cost of $.50 per cubic yard. Five bids were received. The lowest responsive bid was received from Roger Davis Trucking in De Land, Florida, in the amount of $42.84 per load based upon 18 cubic yard loads. Staff recommends that the City Council award this bid to Roger Davis Trucking for their bid as stated. The anticipated cost to Roger Davis is approximately $58309.95 for the hauling and $24,498 to Halifax Paving for the loading. Funding for this project is in Account NO. 314-1000-580-6200, Project No. CNE005. Staff recommends that Council approve and award the lowest responsive bid to Roger Davis Trucking Inc. for their bid as submitted in the amount of $42.84 per load based upon 18 cubic yard loads.
F. TABLED ITEMS
Item 11 - First Reading- Ordinance No. 2007-31 – Rezoning from Volusia County A-2 (Rural Agriculture) to City of Port Orange R-20SF (Single Family Residential) – Bipin Rama (Tabled July 17, 2007)
This item will be scheduled for Council consideration on October 16.
Item 12 - First Reading - Ordinance No. 2007-32 – Amending Chapter 16, Section 5(b), and Chapter 2, Section 2, of the Land Development Code Relating to Special Setbacks and Requirements for Sunrooms (Tabled July 17, 2007)
This item will be scheduled for Council consideration on October 16.
G. COMMUNITY DEVELOPMENT
The Community Development Department received a request to vacate a portion of the Summer Tree Road right-of-way dedicated to the City of Port Orange by the plat of Summer Trees, Unit I, as recorded in Map Book 34, Page 10 and Page 11, of the Public Records of Volusia County, Florida. The request has been made in connection with the proposed Summer Trees Plaza PCD Development.
The right-of-way vacation application and legal description have been reviewed for completeness and accuracy. FPL, AT&T, and Bright House Networks all have remaining conditions listed in their release letters (see attached) for the proposed right-of-way vacation area as described in the attached legal description, Exhibit “A”. City departments have reviewed this application and have requested that the quit claim deed recording for the vacation of the right-of-way be conditioned upon completion and acceptance of alternative public access to Taylor Road for the residents of the adjacent Summer Trees Subdivision, reservation of an easement for the water main and for access, ingress/egress, maintenance, and repair for existing public and private utilities. Then the right-of-way may be vacated to the extent that it will no longer be necessary.
Staff recommends that Council approve the attached resolution vacating the Summer Tree Road right-of-way, dedicated to the City of Port Orange by the plat of Summer Trees, Unit I, as described in the attached legal description, Exhibit “A”.
The Community Development Department has received a request to vacate a Conservation Easement located on Lot 5 of the Crystal Lake Tract I subdivision. The property owner has made this request in connection with the proposed Armeen Medical Center development. The easement vacation is being requested to rectify inconsistencies found in the field compared to the platted easement. Due to the lack of trees and vegetation in the easement staff supports the applicant’s request to vacate the easement. Trees and shrubs meeting the city's buffering requirements will be provided with the completion and final acceptance of the Armeen Medical Center development. Vacating the conservation easement will eliminate any confusion over maintenance and encroachment and allow planting, irrigation, and maintenance within the required perimeter buffers.
The easement vacation application and legal description have been reviewed for completeness and accuracy. City departments have reviewed this request and have no outstanding concerns. The easement may be vacated to the extent that it will be replaced with required perimeter buffers, and subject to the reservation of utility, bike path, and non-vehicular access easements.
Staff recommends that Council approve the attached resolution vacating a Conservation Easement located on Lot 5 of the Crystal Lake Tract I subdivision, per the attached legal description.
Attached is the concurrency and fair share agreement for the Shoppes at Southwinds. Staff recommends approval.
H. PUBLIC SAFETY
Staff recommends approval.
Attached is a petition from the developers of the Port Orange Pavilion project. This project is located immediately to the north of Taylor and South Williamson Boulevard. This is a commercial project, and the only properties included in the proposed CDD are properties owned by CBL and a retention pond area owned by Volusia County. The County’s letter is included in the submittal package. As you know, a Community Development District is a special unit of government. The Directors of the CDD are elected by the electors of the District. Unless CBL decides to sell parcels to others, they may be the sole electors. The CDD Board has powers similar to other units of local government; however, they do not have land use or zoning authority. The purpose of the CDD is to construct certain public infrastructure to serve and support the proposed Pavilion project. The CDD, once created, proposes to issue bonds to construct the public infrastructure improvements. The application outlines the improvements that are to be constructed by the CDD. Also, the application establishes who will ultimately own the improvements and will be responsible for maintenance. The CDD Board, not the City Council, will be responsible for determining the method of repaying the bonds. The City of Port Orange is in no way on the hook or obligated to repay any of the debt issued by the District. Only those businesses within the CDD boundaries will be responsible for the repayment of the bonds and other operational costs of the CDD. In effect, the CDD lowers the cost of money allowing the owner access to tax exempt monies to construct the infrastructure. Staff recommends approval.
Second Reading: October 23, 2007
J. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.