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

November 13, 2007

 

Date:               November 7, 2007

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 TOWN CENTER CRA MEETING

C.                SPECIAL REPORT

 

Item 4 -           Report from Kemper Sports Management

 

At this time, a representative of Kemper Sports will make a report to Council regarding The Golf Club at Cypress Head.

 

D.                CITIZEN PARTICIPATION (Agenda)

 

Item 5 -           Request from Sleepy Hollow Homeowners Association

 

Attached is a letter from the President of the Sleepy Hollow Homeowners Association requesting to appear before Council regarding property loss and damage resulting from dredging of the surrounding drainage ditch.

 

City Manager Comments:  The City does not have a drainage easement on the Sleepy Hollow side of the ditch.  The City does have an easement on the Woodlake side of the ditch.  In years past, the City did clean the ditch.  Over the years, erosion has occurred.  The ultimate solution is to pipe the ditch rather continually attempt to clean the ditch with no way to haul away the debris.  Two years ago, the estimate to pipe the ditch was $400,000.  We have not updated those estimates.  It is not budgeted.  It would require easements from the property owners as well as design and permitting of the project.  Does the City Council desire for staff to begin looking at this project and ways to fund it?

 

E.                 CITIZEN PARTICIPATION (Non-Agenda)

F.                 CONSENT AGENDA

 

Item 6 -           Change Order No. 2 to Sale and Hauling of Fill Material

 

 

Under a contract with a Centstate Construction, the City completed a 75-acre reclaimed water reservoir.  The project included horizontal wells beneath the lake, a 3 million gallon tank, a 24” reclaimed water transmission main, and a pump station.  Under a contract with Wright Construction, the City has substantially completed installation of horizontal wells beneath a companion 100-acre reservoir.  The 100-acre lake is currently being excavated via a separate contract with Halifax Paving. 

 

Construction of the lake system was originally required to be completed by December 31, 2007 as a condition of the CUP associated with the Garnsey potable water treatment plant.  The SJRWMD has agreed in writing to allow the City one additional year to complete excavation of the 2nd lake.  In this change order, Halifax has agreed to complete excavation of the northern portion of the 100-acre lake by January 31, 2008, thereby allowing the City beneficial use of all of the horizontal wells.  Failure to do so will result in penalties of $500 per day or 200 cubic yards of additional dirt committed to the City per day.  A time extension of 365 days has been added for completion of the entire lake. 

 

It should also be noted that the change order waives the original contract charge to the City of $0.50 per cubic yard of fill loaded onto City trucks.  Additionally, Halifax has provided pricing of $2.30, $3.00, and $3.25 to haul the earth to the west, east and south sectors of the City. 

 

Staff recommends that Council approve Change Order No. 2, amending the contract with the firm of Halifax Paving for Bid B05-04 “Sale and Hauling of Fill Material,” with no increase in contract price, and providing for a time extension of 365 days for completion by December 31, 2008, and authorize the Mayor and City Manager to execute the associated contract documents.

 

Item 7 -           Change Order No. 1 to Ruth Street and Powers Avenue Emergency Repairs

 

 

In early October 2007, the gravity sanitary sewer collapsed at a manhole located at the intersection of Ruth Street and Powers Avenue.  Based upon visible site inspection, quotes for the gravity sanitary sewer point repair were obtained under the premise that the collapse was isolated to the connection at the manhole.  Three quotes were obtained with the apparent low quote of $15,475 submitted by Weber Construction.  

           

Upon actual field excavation at the collapsed pipe, it was determined that an old 16” force main (no longer in service) had not been properly abandoned in the early 1990’s.  This resulted in a significant subsurface void beneath the entire intersection.  Consequently, approximately 30 linear feet of gravity sanitary sewer piping and the structural integrity of the manhole at the intersection were compromised.  In order to affect repairs, the limits and time required for construction dewatering were significantly increased from three days to 2 weeks.  Then, the force main had to be properly capped and abandoned.  Upwards of 30 additional feet of sanitary sewer pipe was repaired, and structural deficiencies in the manhole itself were corrected.  Finally, the limits of asphalt restoration were expanded.

           

It is the opinion of Public Utilities staff that the extensive nature of required repairs could not have been foreseen based upon the limited visual evidence available when quotes were solicited.  As such, a change in job conditions is warranted with an adjustment in the contract amount.  The requested increase of $11,230 brings the total cost to $26,705.  Public Utilities staff has found the total project cost for the work performed to be fair and reasonable, consistent with industry standards.    Funding is available in 40104015353113 and 40104015355218.   

 

Staff recommends that Council approve Change Order No. 1 with the firm of JD Weber Construction Company, Incorporated for an additional $11,230, for a total purchase order amount of $26,705, and authorize the Mayor and City Manager to execute the associated contract documents.

 

City Manager Comments:  This turned out to be a more difficult project than originally anticipated.  J.D. Weber did an exceptional job on this project.  Public Utilities did a good job keeping the residents informed on the progress of the job.  It did require additional time and additional dewatering as well as more asphalt work than was originally anticipated when the Emergency Repairs were requested and authorized. 

 

 

Item 8 -           Bid Award – Construction of Fire Stations No. 72 and 75

 

Bids were solicited for the construction of Fire Station Nos. 72 and 75.  Eleven bids were received.  The lowest responsive bid was received from APM Inc., located in the Fly-In, Port Orange.  The City knows APM as they successfully did the renovation of City Hall several years ago.  Staff and the consulting architectural firm of C. T. Hsu recommend that the City Council approve and award this bid to them in the amount of $2,885,300.  Further, staff recommends that Council award Alternate No. 1 for vinyl wall covering for an additional $10,000 making the grand total $2,895,300 for both stations.  Funding for this project is available in 314-1000-580-6200, Projects CNE004 and CNE005.

 

Staff recommends that Council approve and award the bid for the construction of Fire Station Nos. 72 and 75 to APM Construction Inc. for their bid in the amount of $2,885,300 with Alternate No. 1 for an additional $10,000, for a grand total of $2,895,300 for both stations.

 

City Manager Comments:  We are extremely pleased with the bids for the two Fire Stations.  The bid pricing is slightly less than $200 per square foot.  We had budgeted at $230.00 per square foot when we began our planning and design for the two stations. 

 

We are preparing to pre-qualify bidders for the Police Department expansion.  We anticipate having the pre-qualified bidders submitted to City Council for approval in early December.  These will be the bidders that will be qualified to bid on the Police Department.  Bids will be received in January for the Police Department building with bids being awarded in late January or early February.  It is anticipated that we will be under construction in the first quarter of 2008. 

 

Item 9 -           Bid Award – Transportation and Disposal of Lime Sludge

 

 

A by-product of our water softening process at the Garnsey Water Plant is the production of calcium carbonate, or lime sludge.  For many years this sludge has been hauled to Set Materials Inc. and recycled for use as roadbed material.  The current contract with Set Materials Inc. expired on Sept. 30, 2007.

           

Bids were solicited for the transportation and disposal of lime sludge.  This year we opened the bids to both liquid sludge or dewatered sludge as processed by vacuum filter drying.  It was our objective to eliminate the current requirement for City staff to deliver the sludge to the disposal sight.  

           

Two bids were received, with Set Materials being the low bidder.  Their bid allowed for a continuation of the current delivery by City staff at no increase in cost per cubic yard over the previous contract, at $5.75/cubic yard, or they will provide all transportation and disposal at a cost of $8.75/cubic yard.

 

Staff recommends that the City award the bid to Set Materials for all transportation and disposal of lime sludge.   This will eliminate the need for City staff to deliver the sludge to the disposal sight, saving from 2 to 4 hours per day in delivery time, fuel costs for two 18-yard dump trucks, as well as the purchase and maintenance cost for the vehicles.  Set Materials will provide transport via a container supplied by the vendor.  Funds are available in the current operating budget, account #40102005333411.

 

Staff recommends that Council award Bid B 07-18 to Set Materials Inc. (dba Chips Dozer) for the transportation and disposal of lime sludge and authorize the Mayor and City Manager to sign documents on behalf of the City.

           

Item 10 -        Monthly Development Activity Report and the Building Activity Report for September and October 2007

 

The attached Staff Reports include the Development Activity Report for October 2007 and the Building Activity Report for September 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 that Council accept the Staff reports (Monthly Development Activity Report and the Building Activity Report) for September and October 2007.

 

Item 11 -        Purchase of Three (3) Complete Rotating Assemblies for Reclaimed Water High Service Pumps

 

The three reclaimed water high service pumps located at the reclaimed water plant are in continuous use.   Regardless if we are supplying reclaimed to our customers or pumping to the Reclaimed Reservoir or our storage tanks, these pumps move all the reclaimed water produced out of our reclaimed water plant.  These pumps are in need of rehabilitation, but have not reached the end of their useful life cycle requiring replacement.   We can replace the complete internal rotating assembly in each pump for less than half the cost of complete replacement, which will bring the pumps back into new specifications.

           

Barney’s Pumps Inc. is the factory authorized sole source supplier of Aurora pumps and parts for our area.   A quote was obtained for replacement assemblies.   Total cost for the three rotating assemblies is $42,180.00.  Staff recommends approval of the purchase of these assemblies from Barney’s Pumps Inc., in the amount of $42,180.00, and the re-validation of their sole source status for these pumps and parts.  Funds are available in the CIP, Project SSP002, account number #40304005356397.

 

Staff recommends that Council approve the purchase of three rotating assemblies for high service pumps at the reclaimed water plant in the amount of $42,180.00 and re-validate Barney’s Pumps Inc. as the sole source vendor of Aurora pumps and parts.

 

Item 12 -        Modification of the Community Development Department Organizational Chart

 

 

Based on discussions with Wayne Clark over the past several weeks, I am proposing to make a change to the Planning Division of the Community Development Department.  The change in the organizational chart will create a current planning section and a long range planning section.  Although we will cross train our planning staff, we are designating specific individuals within the Planning Division to handle certain items.  For example, the Long Range Planning Section will be responsible for handling all Comprehensive Plan Amendments as well as preparing the reports for presentation to the Planning Commission and City Council.  This section will be responsible for preparation of the Evaluation Appraisal Report (EAR) that we are required to submit to the State’s Department of Community Affairs. This Section will manage the consultants that are working for the City in this required endeavor.  Although most of our allocation of personnel will be on current planning functions, this section will manage our consultants and the time lines needed to meet the DCA required deadlines.  Remember: once the EAR is completed, we will have to implement the changes.  Once the EAR is accepted, it will be this section who will have the responsibility to translate the changes into Comprehensive Plan Amendments and then coordinate with the Current Planning Section to amend the Land Development Code to implement the Comprehensive Plan Changes, where required.  This section will be responsible for presentations before the Volusia Growth Management Commission as well.  The Long Range Planning Section will have 2 positions allocated to it--one filled,  one unfilled  and not budgeted.  However, the City has budgeted almost a quarter of a million dollars for consultants needed to complete the required EAR. 

 

The Current Planning Section will be responsible for the day to day planning activities of the City.  Although the economy has turned down, the current planning activities have not slowed down.  It appears the development community continues to obtain approvals for future projects.  Also, this section is responsible for answering the normal day-to-day questions about the City’s Land Development Code.  This is the section you will see most often in front of the City Council related to rezonings, annexations, variances, land development code changes, etc.  This section will have 3 positions, all budgeted and filled, allocated to it. 

 

Although the Planning and Development Manager will oversee the overall operation, the Section Chiefs will be responsible for providing the day-to-day supervision of the planners and consultants working on the various projects assigned to the Planning Section.  Will this organizational alignment cost the City additional money?  Although salaries will be adjusted according to class change, it will not require any additional budgetary allocation this fiscal year.  I don’t expect that this organizational change will have a major impact on next year’s budget because of other adjustments we will make in the Departmental alignment to keep any changes expenditure neutral.   

 

This does set up an organizational alignment that establishes a better line of accountability and responsibility.  To those who use the Departmental Services, it establishes a better line of communication.  Wayne has already implemented project management responsibility in the Department so that individuals who have projects under review will know exactly who to call about their projects. 

 

We are working extremely hard to get the right people in the right positions to deliver the level of services we need in this changing environment.

 

 

G.                TABLED ITEMS

 

Item 13 -        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) (Re-tabled 10/16/07)

 

I am recommending this item remain on the table.

 

City Manager Comments:  I am planning to bring this item back to the City Council in December with second reading occurring the first meeting in January.

 

H.        REPORT FROM ADVISORY BOARD

 

Item 14 -        Report from Citizen Advisory Committee for MPO

 

A representative of the Citizens Advisory Committee for the MPO will make a report to the Council at this time.

 

 

I.         COMMUNITY DEVELOPMENT

 

Item 15 -        Resolution No. 07-102 – Approving the Incorporation of Policies in the Master Development Agreement for the Summer Trees Plaza PCD (Continued to Date Certain of November 13, 2007)

 

This document sets out policy issues for the City Council to consider.  Hopefully, each of the policy issues will be resolved on November 8 during the all day mediation session.  

 

 

Item 16 -        First Reading – Ordinance No. 2007-34 – Rezoning 0.89 Acres from PUD to PCD and Approving the Master Development Agreement and Conceptual Development Plan – Summer Trees Plaza PCD (Continued to Date Certain of November 13, 2007)

 

The City has completed its review of the PCD.  There are some outstanding issues but none are substantial and nothing to uphold the approval of the project.  The motion would include subject to the technical comments being addressed. 

 

Second Reading:  December 11, 2007

 

Item 17 -        First Reading – Ordinance No. 2007-56 - Approving the Third Amendment to the Master Development Agreement for the Westport PCD

 

This is a request to approve the Third Amendment to the Master Development Agreement for Westport PCD.  The purpose of the amendment is to allow a 96,000 sf commercial building and 6,000 sf commercial outparcel on Phase 2 of the Westport PCD with associated site improvements.  The PCD has been revised following Planning Commission action.  All outstanding technical and advisory comments have been addressed.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-0 (Commissioners Lasky and Atwood excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   December 11, 2007

 

Item 18 -        First Reading – Ordinance No. 2007-57 - Adoption of the Spring 2007 Comprehensive Plan Amendment Package

 

This is a request to amend the City’s Comprehensive Plan Update ’98 for Case Nos. 07-20000001 and 07-20000003. 

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-0 (Commissioners Booth and Barker excused) to transmit the Spring 2007 Comprehensive Plan Amendment Package.  On April 17, 2007, the City Council authorized the transmittal of the subject comprehensive Plan amendments to the DCA and other review agencies.

 

Upon review of the City’s proposed amendments, DCA did not have any objections; however, DOT did have a comment regarding Case No. 07-20000001.  Staff completed the changes as requested by DOT staff for their review during the review period; and DCA staff approved the changes.  The City’s formal response to DCA is attached for your review.

 

The City is now prepared to adopt the Spring 2007 Comprehensive Plan Amendment Package.  An update memorandum and a complete copy of the original staff reports on the subject amendments are attached.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   December 11, 2007

 

Item 19 -        First Reading – Ordinance No. 2007-58  - Annexation – Cracker Creek

 

This is a request to annex approximately 56.02 acres into the City of Port Orange.  If approved, the owners intend to amend the future land use and zoning of the property to a City future land use and zoning with the goal of creating an environmentally sensitive recreation facility that would operate in cooperation Gamble Place.

 

Staff recommends that Council approve the attached ordinance annexing land consisting of four separate parcels totaling approximately 56.02 acres located east and south of Taylor Road, along the north bank of Spruce Creek.

 

Second Reading:   December 11, 2007

 

Item 20 -        Resolution No. 07-114  - Proposed Utility Easement Vacation – Airport Road Commercial Subdivision, Tract A (5820 South Williamson Boulevard) and Lot 1 (5830 South Williamson Boulevard)

 

The Community Development Department has received a request to vacate a portion of an existing Utility Easement located on Tract A and Lot 1 of the Airport Road Commercial Subdivision. The present property owners have made this request in connection with the proposed retention area enlargement and sewer main relocation to be completed with a future Walgreens Pharmacy Development at this location. An easement has already been recorded over the future location of the sanitary sewer main. The property owners desire to have this process completed and to have legal documents recorded prior to a property conveyance to another parties.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. Franchise Utility Company release letters have been obtained for the areas described in the attached legal description (Exhibit “A”). City departments have reviewed this request with respect to City Codes and possible effects to adjacent properties and have requested that the quit-claim deed be recorded only when the sewer relocation work has been completed and accepted.

 

Due to the property owners’ desire stated above and the City department request, we recommend that the easements may be vacated to the extent that the property owner execute a temporary utility easement over the active sewer main written to expire when a change of use drainage and access easement for the enlarged retention area is recorded. That easement will be the last legal document to be recorded at the time when the sanitary sewer main relocation is completed and ready for acceptance and it will be a condition for the future Walgreens Pharmacy Development to receive a Certificate of Occupancy.

 

Staff recommends that Council approve the attached resolution vacating a portion of an existing Utility Easements located on Tract A and Lot 1 of the Airport Road Commercial Subdivision as specified per the attached legal description (Exhibit “A”).

 

Item 21 -        Resolution No. 07-115 - Proposed Utility Easement Vacations – Ortega Commercial Subdivision, Lot 3 and Lot 4 (5810 South Williamson Boulevard

 

The Community Development Department has received a request to vacate portions of existing Utility Easements located on Lot 3 and Lot 4 of the Ortega Commercial Subdivision. The agent for the present property owner has made this request in connection with the proposed retention area enlargement and sewer main relocation to be completed with a future Walgreens Pharmacy Development at this location. An easement has already been recorded over the future location of the sanitary sewer main. The agent for the property owner desires to have this process completed and to have legal documents recorded prior to a property conveyance to another party.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. Franchise Utility Company release letters have been obtained for the areas described in the attached legal description (Exhibit “A”). City departments have reviewed this request with respect to City Codes and possible effects to adjacent properties and have requested that the quit-claim deed be recorded only when the sewer relocation work has been completed and accepted. Due to the desires of the agent for the property owner stated above and the City department request, we recommend that the easements may be vacated to the extent that the property owner execute a temporary utility easement over the active sewer main written to expire when a change of use drainage and access easement for the enlarged retention area is recorded. That easement will be the last legal document to be recorded at the time when the sanitary sewer main relocation is completed and ready for acceptance and it will be a condition for the future Walgreens Pharmacy Development to receive a Certificate of Occupancy.

 

Staff recommends that Council approve the attached resolution vacating a portions of existing Utility Easements located on Lot 3 and Lot 4 of the Ortega Commercial Subdivision as specified per the attached legal description (Exhibit “A”).

 

Item 22 -        Resolution No. 07-116 - Proposed Easement Vacation – Deep Forest Village Subdivision, Lot 1, Block 12 (962 Sandcrest Drive)

 

The Community Development Department has received a request to vacate 1.00 foot of the 6.00-feet wide westerly rear yard Drainage and Utility Easement located on Lot 1, Block 12 of the Deep Forest Village Subdivision. An agent for the property owner has made this request in connection with a proposed pool deck enclosure to be constructed in to the easement.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. Franchise Utility Company release letters have been obtained for the area described in the attached legal description (Exhibit “A”). City departments have reviewed this request with respect to City Codes and possible effects to adjacent properties 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 to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating a portion of the 6.00-feet wide rear yard Drainage and Utility Easement located on Lot 1, Block 12 of the Deep Forest Village Subdivision, as specified per the attached legal description (Exhibit “A”).

 

Item 23 -        Concurrency and Fair Share Agreement for the Final Site Plan – Port Orange Properties

 

The Port Orange Properties development is located on the south side of Taylor Road between the I-95/Dunlawton Interchange and Summer Trees Subdivision.  The development consists of a 13,606 sf office/retail building and a 3,290 sf commercial outparcel.  The fair share amount for Port Orange properties is $169,855, which will go toward the improvements of the Dunlawton Avenue/Clyde Morris Blvd. intersection, the I-95 interchange area, the Town West/Williamson Blvd. intersection, and the Summer Trees Road extension.  Currently, this project is going through the City’s minor site plan process and is being reviewed at the staff level.  Included with this report is a copy of the fair share agreement.  The site plan is also attached for information purposes.

 

Staff recommends that Council approve the Concurrency and Fair Share Agreement for the Port Orange Properties Final Site Plan.

 

  1. PUBLIC SAFETY

 

Item 24 -        Biketoberfest Report

 

The Police Department will present a report reviewing Biketoberfest activities.  The report will detail the number of traffic violations, sound violations, and complaints that were investigated during Biketoberfest.

 

 

  1. ADMINISTRATION

 

Item 25 -        Resolution No. 07-117 - Policies and Fees for the Sale of Credits from the City of Port Orange Wetland Mitigation Bank

 

Staff recommends amending the policies and fees for the sale of credits from the City of Port Orange Wetland Mitigation Bank set forth on the attached resolution.

 

Item 26 -        Continued Participation in Water Authority of Volusia

 

Attached is a letter from Chairman of the Water Authority of Volusia.  The WAV Board is trying to determine if each City that is currently a member of WAV will continue participation.  Staff recommends that Council continue participation in WAV.

 

Item 27 -        Budget Update

 

We are still in the process of closing the books for the past fiscal year.  Finance has completed the work on the project carry forwards and encumbrances.  The legislature has now enacted the ballot initiative to make structural changes to property taxes.  Last week, I asked Finance to prepare and estimate an impact on the proposed legislation on the City’s revenue stream.  The major impact came from doubling the homestead exemption.  The State indicated that they believe the total impact on Port Orange would be about $1.4 million.  Our initial look estimated that it would be about $1.7 million.  The worst case estimate would impact the budget by $2.3 million. We believe the State estimate for Port Orange is incorrect and the impact will be much larger.  That is because of the large number of homestead properties in our community.  It is very difficult to tell exactly how much it will impact since you would have to examine each individual parcel and analyze the amount that each would pay should it be enacted.   

 

There seems to be an assumption that property values will continue to grow.  I believe in the long term that may be correct.  However, in the short term, that is incorrect.  We are already seeing adjustments in the market values of properties.  Those adjustments may go down even more in the upcoming months. 

 

I have asked Finance to look monthly at our revenue estimate and our expenditures to determine if our revenue expectations are being met as well as our expenses.  We know that we do not spend at 1/12th and our revenues do not come in exactly in that fashion either.  Stella has indicated that our revenue report can reflect that method rather than the conventional 1/12th method. 

 

Our November financials do not reflect a full month revenue in many cases because of accruals.  Therefore, for example, water, sewer and solid waste revenues reflect only the amount collected for the portion of the month that occurred during the new fiscal year.  The month of usage that happened during the last fiscal year has been accrued to last year as a revenue.   

 

Item 28 -        Update on Department of Revenue Ruling related to Cypress Head

 

The City of Port Orange received notice from the Department of Revenue that sales taxes are due to the State of Florida for equipment leases at the golf course.  The Golf Board will be discussing this item at 4:30 p.m. on Tuesday.  Attached is a copy of the letter we received from DOR.

 

 

  1. COUNCIL COMMENTS

 

Item 29 -        Comments/Concerns from Council Members

 

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

 

 

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