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 16, 2007


Date:               October 8, 2007



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 CITIZEN PARTICIPATION (Agenda)


Item 4 -           Request from Harold Shaw regarding Handicap Sidewalk


Attached is a letter from Mr. Harold Shaw asking to appear before the Council to discuss the installation of a handicap sidewalk along Jackson and Herbert Streets.


C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA


Item 5 -           Sole Source for Standardization – Florida Detroit Diesel


In 2004, the City suffered through three major hurricanes; and the City’s generators were all maintained by different firms.  At that time, it was determined that it would be in the City’s best interest to have them all under one maintenance contract.  Quotes were obtained and Florida Detroit Diesel Allison submitted the lowest responsive quote and was already under contract with the City for maintenance of all the generators for lift stations for the Public Utilities Department.  Since then FDDA has maintained the City’s generators with the exception of the one that is shared between the Allen Green Center and Fire Station # 73, which is still under warranty.  The City’s three (3) newest generators  (portable back-up for the Police Station/EOC, City Hall’s and Lakeside Pavilion) are also still under warranty with FDDA.  While the amount of the maintenance contracts does not trip the formal bid threshold, they are being accomplished as a sole source.  Therefore, staff is recommending that the Council revalidate this as a sole source with Florida Detroit Diesel Allison for the upcoming fiscal year for Public Works, Parks and Recreation, Police, Fire Department’s generators ($9,250.00) and for three years for the Public Utilities Department’s generators ($12,556.00). Funding for this maintenance comes from each respective Department’s operating budget.


Staff recommends that Council approve Florida Detroit Diesel Allison as the sole source for Generator Maintenance for purposes of standardization.


Item 6 -           Monthly Development Report and the Building Activity Report for August and September, 2007


The attached Staff Reports include the Development Activity Report for September, 2007, and the Building Activity Report for August, 2007.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends acceptance of the reports.


Item 7 -           Approve County Right-of-Way Maintenance Agreement


Since 1999, the City has been under agreement with Volusia County to maintain County right-of-ways within City limits.  The County has submitted a revised agreement for the 2007-08 term.  Under the revised agreement, certain areas have been deleted and the cost of reimbursement to the City has been reduced from $155.12 per acre maintained to $70.00 per acre.  Total reimbursement to be paid to the City for maintaining the areas under contract is $4,975.60.  The memorandum attached provides details of the areas covered under the agreement and a copy of the agreement is attached for your review.  If approved, the agreement will be effective October 1, 2007, through September 30, 2008.  Staff recommends approval.


E.                 TABLED ITEMS


Item 8 -           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 7/17/07)


On July 17, 2007, a rezoning application for 812 Airport Road was brought before City Council. The request was to rezone approximately 4.87 acres from Volusia County “A-2” (Rural Agriculture) to City of Port Orange “R-20SF” (Single-Family Residential). Prior to making a decision, the Council requested more detailed information on how this property might impact Williamson Boulevard. At the time, the segment south of Moody Bridge (known as Phase 2) was already at capacity, and could not support additional traffic from new development. Furthermore, the necessary funding was not in place to widen that segment, meaning that new developments could not be approved. Accordingly, the Council did not believe it appropriate to rezone the property to allow additional residential units and generate more traffic.


On September 18, 2007, the City Council adopted the FY ’07-’08 budget, which includes $4 million for the Phase 2 widening. The $4 million constitutes half of the required local government match needed to make use of a $8 million grant from FDOT’s Transportation Regional Incentive Program. The funding for Phase 2 has been included in the County’s budget as well. On September 25, 2007, the City Council approved a Joint Project Agreement with Volusia County to accelerate the construction of Williamson Boulevard Phase 2.


According to the City’s concurrency management regulations, the necessary capacity must be in place by the time the impacts of a development occur. For transportation concurrency, the required capacity improvement must be under construction or completed within three years from the time of project approval. Construction of the Williamson Phase 2 widening is expected to commence in March ’08 and take approximately two years to complete.


Because the necessary capacity improvements and funding are in now place, the rezoning for the subject property may now be approved.


City Manager’s Comments:  This is a very small project located across the street from Creekside Middle School.  The City Council asked that this project be delayed until the second phase of South Williamson was funded by the State, City, and County.  That has now been accomplished.


Item 9 -           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 7/17/07)


Attached is information from Community Development concerning this item. 


City Manager’s Comments:  Some months ago, the staff brought this forward for City Council consideration.  There is a difference in setbacks for screen rooms and sunrooms.  The City Council requested the staff look at the number of variances granted for conversion from screen rooms to sunrooms.  The vast majority of the variances have been granted.   When this item was brought forward for Council consideration in July, the City Council was not inclined to change the Ordinance.  What we know is that regardless of the setback requirement, there will always be somebody who wants to build a little closer to the property line. 


The original discussion related to the ease of conversion from many of the screen enclosures to sunrooms by the homeowner.  With different setback requirements for each, it is difficult to explain to a property owner why it is legal for one to be close to the property line and one is not.  Many of them think both are structures only with one having an open roof with screen panels and the others having a roof with glass or vinyl panels.  To them, both are rooms.


This is not a large issue in terms of applications.   One of the items the City Council may want to think about is what will the Council policy be when a converted screen room is brought forward for an after-the-fact variance.  Will you simply grant the variance and charge the double impact fee?  If the Planning Commission is simply routinely granting these variances based upon the screen room setback, then is the current Ordinance workable?  Fortunately, the City does have a history of reviewing these variances and making a decision based upon the best interest of the group.



F.                 FINANCE


Item 10 -        Resolution No. 07-96 - Budget Appropriations


The City authorized acceptance of a grant from the State Local Housing Initiative Program. The attached resolution appropriates funds for this grant.  Staff recommends approval.


Item 11 -        Resolution No. 07-97 - Budget Appropriations


The City authorized acceptance of a grant from the State Local Housing Initiative Program and the Repetitive Flood Claims Program.  Also, the City approved a fee for reclaimed backflow testing to begin in January.  In addition, the City wishes to complete the traffic signal project at the intersection of Devon and Taylor.  The attached resolution appropriates the funds for these grants and the backflow testing program.  Staff recommends approval.


City Manager’s Comments:  The City received funds to acquire 4 homes in the Cambridge area.  After this appropriation is approved by the City Council, contracts can be offered to the owners of these four homes.  The Repetitive Flood Program is different from the Hazard Mitigation Grant Program in that the funding for the homes is 100% under the Repetitive while it is up to 75% Federal funding under HMGP.  We are awaiting a modification to the grant conditions for the HMGP that will change the conditions to allow the City to receive 75% grant funding for the home acquisition. 


The intersection of Devon and Spruce Creek Road fails.  The City has been notified that a grant has been approved for the traffic signal for this intersection.  The City has to provide a match for the signal.  This is transportation impact eligible project.


Item 12 -        Resolution No. 07-98 - Budget Appropriations – Budget Encumbrance and Project Carryovers


At the City’s fiscal year ending September 30, 2007, budget appropriations lapse.  The attached resolution re-establishes the appropriation for the Spruce Creek/nova landscaping project that was not completed by fiscal year end.  These carryover appropriations re-establish proper budget project funding and budgetary alignment of the project.  The operating funds have the required 15% equity balances after appropriation of this resolution.  Staff recommends approval.


City Manager’s Comments:  This is not all of the carry forward appropriations, only the appropriation of the state grant for landscaping for Nova Road.  This is necessary in order to pay the bills. 





Item 13 -        Second Reading – Ordinance No. 2007-19 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – The Altamira Shopping Village Planned commercial Development (PCD)


We recommend approval.


Item 14 -        Second Reading – Ordinance No. 2007-33 – First Amendment to the Master Development Agreement for the Airport Oaks Planned Commercial Development (Continued to Date Certain of October 16, 2007)


We recommend approval.


Item 15 -        Second Reading – Ordinance No. 2007-48 – Adoption of the Fall 2006 Comprehensive Plan Amendments


We recommend approval.


Item 16 -        Second Reading – Ordinance No. 2007-50 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Nova Bella Piazza Planned Unit Development (PUD)


We recommend approval.


Item 17 -        First Reading – Ordinance No. 2007-54 - Master Development Agreement and Conceptual Development Plan – The Pavilion at Port Orange


On September 27, 2007, the Planning Commission recommended approval, 7-0, to approve of the Master Development Agreement and Conceptual Development Plan  for the Pavilion at Port Orange Planned Commercial Development, through an Amendment and Restatement of the “Development Agreement – A Planned Business Park Development for Port Orange,” (1991), as amended in 1995. The subject property is approximately 73.1 acres in size, located in the northwest quadrant of the City, on the west side of I-95, east of S. Williamson Boulevard, north of Taylor Road and south of Town West Boulevard. If approved, the owner intends to develop the property as a ±550,000 square foot open air “lifestyle center” consisting of department stores, retail shops, restaurants, offices, a movie theater and outdoor amenities such as a central park area, children’s playground and pedestrian plazas.


At the time of the writing of the staff report there were three outstanding technical comments.  Since then, the applicant has resubmitted the MDA and CDP and as of October 1, 2007, there are two outstanding technical comments remaining, which are attached.


Staff recommends that Council approve the attached resolution approving the Master Development Agreement, Draft No. 11, dated September 26, 2007, and the Conceptual Development Plan dated September 20, 207, as recommended by the Planning Commission per the meeting of September 27, 2007, incorporating the staff report dated September 21, 2007, subject to approval of a consent and joinder by Volusia County and approval of the DRI Development Order.


Second Reading:               December 18, 2007


City Manager’s Comments:  We have scheduled a special meeting in December for the second reading of this ordinance.  The reason for waiting until December for second reading is to allow the DRI recommendations to be submitted by the Regional Planning Council.  This will occur in late November/early December.  There are a number of items need to come together on that date before the City Council can enact this on second reading.


Item 18 -        Resolution No. 07-99 - Fall 2007 Large Scale Comprehensive Plan Amendment Package


On September 27, 2007, the Planning Commission recommended approval, 7-0, to transmit the Fall 2007 Large-Scale Comprehensive Plan Amendment Package to the Florida Department of Community Affairs and other review agencies.  The package includes administrative amendments to the Future Land Use Map of the Future Land Use Element and Coastal Zone Management Element of the City of Port Orange Comprehensive Plan – Update ’98, to include the new definition of Coastal High Hazard Area (CHHA) and to depict the CHHA on the Future Land Use Map, pursuant to Section 163.3178, Florida Statutes (F.S.). The staff report on these amendments is attached for your review.


Staff recommends that Council approve the attached resolution authorizing the transmittal of Fall 2007 Large-Scale Comprehensive Plan Amendment Package to the Florida Department of Community Affairs and other review agencies, as recommended by the Planning Commission.


Item 19 -        Resolution No. 07-100 – First Amendment to the Transportation Currency Improvements Master Form Exhibits


This amendment revises the original Transportation Concurrency Improvements Master Form Exhibits to include the Devon Street/Taylor Road signal and allows the City to enter into Concurrency and Fair Share Agreements with property owners and developers seeking to comply with the City’s concurrency requirements for roads/traffic circulation under Chapter 4 of the City’s Land Development Code.  Staff recommends that Council approve the First Amendment to the Transportation Concurrency Improvements Master Form Exhibits.


Item 20 -        Final Plat and Plans, Subdivision Improvement Agreement, License Agreement, and Fair Share Agreement  – Central Park Reserve


This is a request to approve the Final Plat and Plans for the Central Park Reserve Subdivision as well as the Subdivision Improvement Agreement (SIA), License Agreement, and Fair Share Agreement for this project.  If approved, the subdivision will be developed with 10 single-family lots, with associated common area and infrastructure improvements.  The 7.58-acre site is located on the southwest corner of Spruce Creek Rd. and Central Park Blvd.


The Concurrency and Fair Share Agreement for this subdivision will go toward the I-95 interchange area improvements and the traffic signal at the intersection of Devon Street and Taylor Road.


Planning Commission Recommendation:  The Planning Commission recommended approval, 6-0-1 (Commissioner Barker abstaining) to approve the Final Plat and Plans for the Central Park Reserve Subdivision, subject to the conditions

·        City Council Approval of the Concurrency and Fair Share Agreement;


Staff Recommendation:   Staff recommends approval.


Item 21 -        Dedication of Right-of-Way along McDonald Road


According to Chapter 12, Section 9, of the Land Development Code, the ultimate right of way width for McDonald Road between Sixth Street and Sauls Road is 80 feet wide.  Currently, there is only 18 feet of right of way.  The additional right of way is required by the LDC for future expansion of upgrades to McDonald Road.  The property owner, Bobby Vaught, is giving the City half of the remaining required right of way (31 feet) for McDonald Road as a condition to the approval of a requested minor subdivision.  Attached is an executed copy of the Deed of Dedication, prepared by the City Attorney’s office along with a survey showing the area to be dedicated.  The total area measures 31 x 177.83 feet.  Staff recommends that Council accept the dedication of right of way along McDonald Road.



H.                 COUNCIL COMMENTS


Item 22 -        Comments/Concerns from Council Members


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