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

                        December 11, 2007

 

Date:               December 5, 2007

 

 

City Council Members:  This is the last full agenda meeting for 2007.  The City Council agreed to meet on December 18th to consider the Pavilion Development Order.  There is one other item that needs our attention before the end of the year.  That item will appear on the December 18th meeting as well.  The December 18th meeting will begin at 5 p.m.  THIS IS A TIME CHANGE FOR THIS MEETING ONLY. 

 

We will be providing you with an amendment to this agenda (December 11) by the end of the week.  It will include two additional items.  The first item is the sale of Bond Anticipation Notes for the Stanaki property.  As you will recall, the City Council authorized the sale of bonds to acquire property last year in anticipation of acquiring Stanaki.  That will allow us to proceed to closing on the bonds.  Second, there will be a budget appropriation for the Stanaki property.  This Resolution will appropriate the bond proceeds so that a check can be cut.

 

A.                 OPENING

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 CITIZEN PARTICIPATION

C.                CONSENT AGENDA

 

Item 4 -           Renewal of Service Contract with Halifax Humane Society

 

The service contract with Halifax Humane Society provides care, treatment, impound, and disposal of animals picked up in the City of Port Orange.  The contract establishes fees charged for impoundment, collection of redemption fee procedures, and billing procedures.  The 2008 contract fees have increased as follows:

 

2007 Contract – Rate of $40.24 plus $9.92 per day for the first three days and $11.66 per day thereafter.

 

Decapitation of rabies suspect animals - $29.16

Animal Control requested euthanasia of wild animals - $11.68

 

2008 Contract – Rate of $44.24 plus $11.92 per day for the first three days and $13.33 per day thereafter.

 

Decapitation of rabies suspect animals - $33.33

Animal Control requested euthanasia of wild animals - $13.33

 

Staff recommends that Council renew the service contract with the Halifax Humane Society for January 1, 2008, through December 31, 2008.

 

City Manager’s Comments:  Currently, VCOG has solicited proposals from other vendors who may desire to provide animal shelter services to the City and County.  Most of the concerns voiced by other jurisdictions relate to animals taken to the shelter by citizens and cities and the County being charged for those animals. 

 

Item 5 -           Purchase of Replacement Telemetry Computer and Software for Garnsey Water Plant Controls

 

 

The main telemetry computer monitor and control system at the Garnsey Water Plant is aging and beginning to fail. This system provided the control and monitoring of all in plant functions as well as the interface with our outside telemetry from Data Flow Systems.  A complete failure of this system could shut down the normal operation of our water treatment plant and supply system.

 

RJH Technical Services has provided a quote to replace the main telemetry server, install upgraded control software and interface and complete installation for a cost of $39,755.00.  RJH has long been a provider of both equipment and repair service to the City for all types of control and operational systems.  They are an authorized provider for this equipment and service and are the only known vendor who can perform all of the needed installation, connection and interface with our existing equipment and controls.

 

Staff recommends that Council approve the purchase of a new, replacement telemetry computer, software, interface and installation for the “in-plant” telemetry and control system at the Garnsey Water Plant.  Approve RJH Technical Services as the sole source provider of this equipment and service and issue a purchase order to RJH Technical Services in the amount of $39,755.00.

 

Item 6 –          Purchase Three (3) Moyno Sludge Pumps

 

 

Three of the sewer sludge pumps at the reclaimed water plant have reached the end of their useful lifespan and are in need of complete replacement.  These pumps are used to move the thickened waste sludge to the presses for final dewatering.

           

Carl Eric Johnson has long been the manufacturer’s sole source representative in our area, and we have a long history dealing with them.  They provided a quote for complete replacement of the three Moyno pumps with the total cost being $49,896.00.

           

This is a scheduled replacement and funds are available in the current CIP, Project No. SSP002, Account No. 40304005356397.

           

Staff recommends that Council approve the purchase of three (3) Moyno sludge pumps for replacement at the Reclaimed Water Plant from Carl Eric Johnson, Inc. as the sole source provider and authorize a purchase order to in the amount of $49,896.00.

 

Item 7 -           Bid Award – Seawall Park Shoreline Stabilization

 

Bids were solicited for the stabilization of the Causeway shoreline.  Ten bids were received.  The lowest responsive bid received was from Gregori Construction and Engineering Inc. whose main office is located in Sarver, Pennsylvania, with a Florida office based in Titusville, Florida.  Gregori’s bid was $85,700.  DMC Inc., the City’s consulting engineering firm, checked the firm’s references, reviewed all of the bids received, and submitted their recommendation (attached for your review).  Based upon this recommendation, Staff is recommending that Council award this bid to Gregori Construction and Engineering Inc., for their bid as stated in the amount of $85,700.  Funding for this project is from Grants and is budgeted in Account No. 001-1000-580-6300, Project No. QPC021.

 

City Manager’s Comments:  The City received a grant to fund this work after the Hurricanes of 2004.  This is for repairs in selected areas.

 

Item 8 -           Approval of Piggyback of Daytona’s Electrical Contract with Buchanan Electric

 

In the past, Council has granted approval to piggyback Daytona Beach’s electrical contract with Buchanan Electric for maintenance and service work as needed.  Buchanan Electric has the equipment and manpower necessary to provide the services needed, and they respond to our calls in a timely fashion.  Daytona Beach has extended their contract with Buchanan for another term, and we recommend doing the same.  If approved, this contract will be effective immediately for a period of one year.

 

Staff recommends approval to piggyback Daytona’s electrical contract, Bid No. 0906-2430 with Buchanan Electric.

 

Item 9 -           Approval of Piggyback of Volusia County’s Contract with Halifax Paving – Annual Paving Program (FY2008)

 

Staff has identified the roadways in need of resurfacing for the 2008 Paving Program.  The spreadsheet attached lists the roadways to be resurfaced, condition, year originally constructed, and cost to resurface each.  Staff requests approval to piggyback Volusia County’s contract with Halifax Paving, Inc., Contract No. 06-B252JG, in order to obtain asphalt at a cost not to exceed $95.00 per ton.  The total estimated cost to resurface roads as shown is $677,322.00 (includes $51,817.00 in contingency).  Funds are available in Account No. 301-4300-541-5363, Project No. POL023.  Staff recommends that Council approve a piggyback to Volusia County’s contract No. 06-B-252JG with  Halifax  Paving, Inc.,  to resurface roads as outlined in the FY-08 Paving Program for a total cost not to exceed $677,322.

 

Item 10 -        Range and Training Facility Agreements

 

The Port Orange Police Department is requesting approval to enter into the attached agreements permitting Port Orange Police Officers to use the New Smyrna Beach Police Department’s shooting range and training facilities.  These agreements may be canceled by either party upon thirty (30) days written notice and will terminate within one (1) year from date of signature.  The City of New Smyrna Beach is requesting $300 per year contribution to assist with maintenance costs for the use of the above-mentioned facilities.  The current agreements expire on February 8, 2008.

 

Staff recommends that Council approve the pistol range and training facility agreements with New Smyrna Beach Police Department.

 

Item 11 -        Monthly Development Activity Report and the Building Activity Report for October and November, 2007

 

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

 

 

D.                TABLED ITEMS

 

Item 12 -        First Reading – Ordinance No. 2007-32 – Amending Chapter 16, Setback 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 would like to request this item be continued until January.  I thought this item would be ready for City Council action on the 11th but work still needs to be done to make sure that we have the definition right.

 

E.                 COMMUNITY DEVELOPMENT

 

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.

 

City Manager’s Comments:  We are still working out the details on the Yorktowne extension.  The City staff has been consistent from the very start that Yorktowne was a Comp Plan road that was the responsibility of the developer to construct from Taylor Road through to Dunlawton.  We have told the Altamira developer that staff could support a two lane roadway rather than a four lane section. 

 

The City Council has provided the developer with the opportunity to use
Special Assessment Bonds to finance the infrastructure improvements.  There may be additional funds available from the DRI that would allow the City to assist in the construction of the road improvements.  It would be my recommendation that any funds that may become available would be limited to the road construction itself, not the relocation of the existing drainage ditch, landscaping requirements, retention areas, or the right of way dedication requirements.  If the developer wants to recover those costs through the Special Assessment District mechanism, those are allowed costs.  Although I can support the two-lane section on the roadway, I still believe the intersection improvements at both Taylor Road and Dunlawton should be constructed completely.  This would mean in the future if Yorktowne has to be expanded, the intersections are already completed to the right design with the appropriate turn lanes in place. 

 

In our discussions with FDOT, we have discussed the intersection of Taylor Branch and Dunlawton.  At some point, we will need to address that intersection in order to allow Dunlawton to function better.  Currently, between South Williamson and Taylor Branch, there are four traffic signals.   After all improvements are in place, we will need to look at this intersection again so that the flow of traffic can improve in this area. 

 

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 December 11, 2007)

 

We recommend approval.

 

City Manager Comments:  This is the store on South Williamson adjacent to Sterling Chase.  As you will recall, there has been a discussion about the hours of operation.  According to the applicant, 7 Eleven is negotiating the acquisition of the property.  7 Eleven operates 24 hours per day.  Currently, this convenience store has operating limitations.  There have been concerns voiced about the maintenance of existing properties owned by 7 Eleven in the City of Port Orange. 

 

The two properties in Port Orange owned by 7 Eleven are adjacent to commercial properties whereas this parcel is immediately adjacent to residential properties to the north and east.  There have been concerns voiced about delivery times and noise associated with early morning/late night deliveries and the impact on adjacent neighborhoods.  There have been public safety concerns voiced about the isolated nature of this convenience store.  This area of the City is not heavily traveled late at night or in the early morning hours.

 

When the original owner requested a convenience store at this location, the adjacent neighborhood raised many of the same issues.  The City Council restricted the hours of operation in the PCD in order to address the concerns.  From a policy standpoint, have the conditions changed in this area of the City that gives rise to changing the hours of operation so that the convenience store can operate 24 hours per day.  When you look at South Williamson, it is designed as a major thoroughfare.  The area in question was designated as commercial.   Normally, you would expect to find stores of this type on this type of road.  I need to note that we do have convenience stores located adjacent to residential areas that are operating 24 hours per day.  Throughout the City of Port Orange, we currently have 2 locations on U.S. 1 that are operating 24 hours a day; 2 locations on Nova Road that are operating 24 hours per day; and 3 locations on Dunlawton that are operating 24 hours per day.  There are other convenience stores in Port Orange that have chosen to not operate 24 hours per day.  As I recall, there may be one other location in the City that has been approved for a convenience store that has limited operating hours.  That location, at the corner of Central Park and Spruce Creek Road, has a limitation of no gas pumps, too. 

 

From a public policy standpoint, you must ask yourself if granting a change to the PCD is appropriate.  If so, does it benefit the entire community that the store was designed to serve.  Remember, this is a neighborhood convenience store, not a store located on the State Highway System.  Most of the stores that are open 24 hours per day in Port Orange are located on the State Highway System or at an intersection where a State Highway intersects a residential street.

 

Item 15 -        Second Reading – Ordinance No. 2007-56 – Approving the Third Amendment to the Master Development Agreement for the Westport PCD

 

We recommend approval.

 

Item 16 -        Second Reading – Ordinance No. 2007-58 – Annexation – Cracker Creek

 

We recommend approval.

 

Item 17 -        Second Reading – Ordinance No. 2007-57 – Adoption of the Spring 2007 Comprehensive Plan Amendment Package

 

We recommend approval.

 

Item 18 -        Second Reading – Ordinance No. 2007-60 – Capital Improvements Element Update

 

We recommend approval.

 

Item 19 -        First Reading – Ordinance No. 2007-53 – The Pavilion at Port Orange Development of Regional Impact Development Order

 

The Regional Planning Council approved the DRI document for the Pavilion on Wednesday, December 5.  The final document is being prepared and will be available either Friday or Monday.  Staff recommends approval.

 

Second Reading:   December 18, 2007

 

Item 20 -        First Reading – Ordinance No. 2007-61 - Small Scale Land Use Amendment – Spruce Creek Commons

 

This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98, for 9.13 acres of property from Commercial and Urban Low Density Residential (4-8 units/acre) to Residential (8-16 units/acre).

 

This map amendment is to change the land use designation of 9.13 acres located on the west of Spruce Creek Road, north of Nova Road from Commercial and Urban Low Density Residential (4-8 units/acre) to Residential (8-16 units/acre). If approved, the owner/applicant intends to rezone the property to “R-3M” (Multi-Family Residential) and construct a multi-family workforce housing development with associated site improvements. 

                                                               

Planning Commission Recommendation:      At its November 15, 2007 meeting, the Planning Commission recommended approval, 5-0 (Commissioner Lasky excused and one seat vacant), of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98. 

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   The Ordinance will be presented for second reading after it is considered by the Volusia Growth Management Commission.           

 

Item 21 -        First Reading – Ordinance No. 2007-62 - Rezoning – From PCD (Planned Commercial Development) and R-2D (Two-Family Residential) to R-3M (Multi-Family Residential)

 

This is a request to rezone  approximately 9.13 acres located at 4870 Spruce Creek Road from “PCD” (Planned Commercial Development) and “R-2D” (Two-Family Residential) to “R-3M” (Multi-Family Residential), as recommended by the Planning Commission.  If the rezoning is approved, the owner/applicant intends to construct a multi-family workforce housing development with associated site improvements. The Planning Commission’s recommendation is subject to the owner/applicant reducing the proposed density if the project is not developed as workforce housing. 

 

Planning Commission Action:  At its November 15, 2007 meeting, the Planning Commission recommended approval, 5-0 (Commissioner Lasky excused and one seat vacant), to rezone approximately 9.13 acres located on the west of Spruce Creek Road, north of Nova Road (4870 Spruce Creek Road) from “PCD” (Planned Commercial Development) and “R-2D” (Two-Family Residential) to “R-3M” (Multi-Family Residential). 

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   Second Reading cannot occur until after the Growth Management Commission has provided its certificate of consistency.      

 

Item 22 -        First Reading – Ordinance No. 2007-63 – Amending Chapter 9, Article II, Sections 15, 16, 19, and 21 of the Land Development Code Relating to Tree Preservation

 

This is a request to amend Chapter 9, Article II, Sections 15, 16, 19, and 21 of the Land Development Code.

 

Planning Commission Recommendation:      The Planning Commission recommended 5-0 (Commissioner Lasky excused, one seat vacant).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   January 15, 2008

 

 

Item 23 -        First Reading – Ordinance No. 2007-64 – Master Development Agreement and Conceptual Development Plan/ Oakwater Plaza PCD NE Corner of S. Williamson Blvd. and Oakwater Lane

 

The purpose of this MDA and CDP is to allow 33,000 SF of office and commercial buildings including a bank and day care center on approximately 5.85 acres at the northeast corner of S. Williamson Blvd. and Oakwater Lane. All outstanding technical and advisory comments have been addressed. Please see the attached staff report.

 

Planning Commission Action: At the November 15, 2007 meeting, the Planning Commission recommended approval 5-0 (Commissioners Lasky and Atwood excused) of the Master Development Agreement and Conceptual Development Plan for the Oakwater Plaza PCD. Please see the attached staff report.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   January 15, 2008

 

 

F.                 PUBLIC UTILITIES

 

Item 24 -        Resolution No. 07-124 - Sale of .82 State Wetland Mitigation Bank Credits for the New Port Orange Police Station Project

 

The City owned wetland mitigation bank maintains a number of credits in reserve for City projects.  The new Police Station project will require the allocation and release of .82 State mitigation bank credits as required by the St. Johns River Water Management District under Permit No. 40-127-114055-1.  The current cost per credit is $45,000, making the total for .82 credits $36,900 due upon official release of the credits.  The City owned mitigation bank has sufficient credits available for this sale.

 

Staff recommends approval of the attached resolution allocating .82 state wetland mitigation bank credits from the Port Orange Mitigation Bank for the new Police Station project and authorize the Mayor and City Manager to sign the documents on behalf of the City.

 

City Manager’s Comments:  This will be paid for from Bond Funds.  We have already notified St. Johns that we will provide the credits from the City’s mitigation bank. 

 

Item 25 -        Resolution No. 07-125  - Sale of Wetland Mitigation Bank Credits to Centerline Homes for the Coquina Cove Project

 

 

On August 28, 2007, City Council approved the sale of 42.8 State wetland mitigation credits to Centerline Homes for the Coquina Cove Subdivision project.   The original agreement was for a total cost of $1,624,500.00.  Per City Policy Resolution 07-117 pertaining to the Wetland Mitigation Bank, full payment is required within 120 days and a 10% deposit must be supplied in order to issue a letter of intent to SJRWMD.  The deposit was paid and the letter sent, but the balance remains unpaid. 

 

This resolution extends the City’s commitment by reauthorizing the sale of the credits at the increased price of $50,000 per credit. 

 

Staff recommends that Council approve the resolution, authorizing the sale of 42.8 State wetland mitigation bank credits in the total amount of $2,140,000.00, and authorize the Mayor and City Manager to sign documents on behalf of the City.

 

City Manager’s Comments:  I am recommending that Centerline Homes be allowed to extend their reservation for a one year period.  They will increase their deposit to the City of Port Orange.  Should they close on the credits within one year, the entire deposit will be applied against the amount owed the City of Port Orange.  Should they not close, then the deposit is forfeited.  It is because of the down housing market that I am making this recommendation to the City Council. 

 

Item 26 -        Resolution No. 07-126 - Federal Wetland Mitigation Bank Instrument

 

The City, with the aid of its contract forester Steve Edgar, submitted a permit application to establish a Federal Wetland Mitigation Bank.  The Army Corps of Engineers requires the City to execute the Mitigation Bank Instrument prior to the issuance of the permit to operate a wetland mitigation bank. In order to expedite the permit, the instrument was executed and hand delivered by the City Forester to the permitting agency on November 30, 2008.  This agenda item requests the Council concurrence of this action.

 

Staff recommends that Council approve the resolution, authorizing the Mayor and City Manager to execute the Federal Wetland Mitigation Bank Instrument.

 

City Manager’s Comments:  In reviewing the minutes, we can find where the City Council authorized the submission of an application to the State for a State approved mitigation bank.  We can find where the City Council talked about the Federal Wetland Mitigation Bank and no objections were voiced.  We can find where the City Council established the charges and fees for the City’s Federal Wetland Mitigation Bank.  However, we cannot find where the City Council actually authorized the Mayor and City Manager to sign the agreements with the Corp of Engineers.  This will close that loop and place this on file in the City Clerk’s Office. 

 

G.                COUNCIL COMMENTS

 

Item 27 -        Comments/Concerns from Council Members

 

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

 

 

 

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