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 April 15, 2008

 

Date:               April 9, 2008

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 EASTPORT CRA MEETING

C.                TOWN CENTER CRA MEETING

D.                SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Water Conservation Month

 

Attached is the proclamation declaring the month of April, 2008, as Water Conservation Month.

 

Item 5 -           National Public Safety Telecommunications Week

 

Attached is the proclamation declaring the week of April 13, 2008, as National Public Safety Telecommunications Week.

 

E.                 CITIZEN PARTICIPATION

F.                 CONSENT AGENDA

 

Item 6 -           Change Order No. 1 – Early Site Work at the Police Facility

 

Staff has been working with D & W Paving and their subcontractor to determine the changes required in order to complete the Early Site Work as identified on the current Police Facility plans.  Change Order No 1 is required due to the changes to the bid quantities and items to comply with staff comments, SJRWMD permit requirements, Volusia County Use Permit requirements, and removal of unsuitable subsoil material encountered on site.  The total amount of the Change Order is $69,584.  Unit prices for each of the referenced changes are consistent with the original contract items and represent a fair and equitable market value.  Where unit prices were not included in the original contract, the negotiated prices are consistent with industry standards for similar work in this vicinity.  Contract time will be extended by an additional 34 calendar days.

 

Staff recommends that Council approve Change Order No. 1 with D & W Paving in the amount of $69,584 for the Early Site Work at the Police Facility and to authorize the Mayor and City Manager to execute the associated contract documents.

 

Item 7 -           Approval to Extend the Lake Contract with All American Aquatics Company

 

Last year, Council awarded the lake service contract to low bid vendor, All American Aquatics Company for an annual cost of $37,090 ($10,000 lower than prior year’s contract with a different vendor).  Staff is satisfied with their performance and service provided during this past year.  All American Aquatics is willing to renew their contract without any increase in price, with the exception of the CPI rate increase (3.65%) as allowed by contract.  Total annual cost, including CPI rate increase, will not exceed $38,443.79 and funding is as follows:

 

Account No. 41218005413414 - $28,182.44

Account No. 45054005793414 (Golf Course) - $10,261.35

 

The spreadsheet attached provides a detailed list of areas under contract and the maintenance cost of each.

 

Staff recommends that Council approve the renewal of the lake contract with All American Aquatics Company for a total annual cost not to exceed $38,443.79.

 

Item 8 -           Renew Landscape Maintenance Contracts

 

The landscape contracts are due to renew and Council requested that staff review the contracts to see if costs could be reduced.   Staff met with each vendor and all three have agreed to renew their contracts without any increase in price.  Total annual savings to the City is $26,739.73.  Each vendor’s willingness to work with the City during these uncertain times shows their determination to continue to provide the best service possible and at the lowest cost.  Total revised annual cost for all three contracts is $732,596.08.  The commentary attached provides funding detail and the spreadsheets provide a breakdown of each area maintained by vendor and the costs associated with each.

 

Staff recommends that Council approve the renewal of the landscape maintenance contract with Glencoe Lawns Inc. at a total annual cost of $80,944.59; with Tuff Turf at a total annual cost of $141,830.27; and with Tif-Jen Inc. at a total annual cost of $509,821.22 for a combined total annual cost of $732,596.08.

 

City Manager’s Comments:  Although this is not a major savings, nevertheless, it is a savings.  By renewing the contract this year, it will allow us to prepare specification changes for next year and to examine alternative approaches to providing mowing of public areas.  It will allow us to work with contractors to look at ways that we can reduce our maintenance cost by plant selection or modify our current plants in the rights of way. 

 

As you know, I traveled outside the country recently.  What I noticed in my travels was the maintenance levels of the public spaces and public areas.  The one thing that I noticed was that when maintenance levels dropped in the public spaces and public areas, so did the maintenance levels in the private areas located adjacent to them.  From my observation, it is extremely important that public areas be well maintained if a community desires to hold private property values. 

 

The way a community maintains its public spaces demonstrates in a tangible way that the City is committed to standards in both public and private maintenance.  It is extremely difficult for our Code Enforcement staff to enforce standards on private property that the City is not willing to abide by on public property.

 

Item 9 -           Conservation Easement at Port Orange Business Park on Williamson Boulevard

 

St. Johns River Water Management district has reviewed development plans for the 73 acre +/- city-owned industrial park commonly referred to as Williamson Business Park.  The park is located on Williamson Boulevard at the future intersection of the easterly extension of McGinnis Boulevard.  As a mitigation condition of the Environmental Resources Permit No. 4-127-108276-1, the City, as property owner, is required to encumber the southerly 23.702 acres with a conservation easement in favor of the District.

 

Attached is a copy of correspondence dated April 18, 2007, from Kealey West, Assistant General Counsel for the District, acknowledging and accepting the draft easement provided here.  Jonathan Martin, on behalf of Kimley-Horn, project engineer, has advised that the easement may be executed and recorded at this time.

 

Staff recommends that the Mayor and City Manager be authorized to execute and deliver for recording a conservation easement over 23.702 acres in the city-owned Williamson Business Park as required by St. Johns River Water Management District for development of the industrial park.

 

Item 10 -        Bid Award – Construction of the New Public Safety Facility (PD)

 

Bids from the pre-qualified bidders of Clancy & Theys, R. D. Michaels, Wharton-Smith, and Hall Construction Inc. were received.  The lowest base and overall bid was received from Hall Construction at $8,966,000, adding Alternates 1, 3, and 4, making Hall’s grant total $9,738,400.  Funding for this project is from Account 314-1000-580-6200 under Project No. CNE006.

 

Staff recommends that Council award the bid to Hall Construction for the new Public Safety Facility (PD) for their bid as submitted with all the alternates for a grand total of $9,738,400.

 

City Manager’s Comments:  The City Council authorized staff to have discussions with the contractor about finishing out the shell space in the building.  We are still working with the contractor to obtain the quotation on finishing the space.  By awarding the base bid with the alternatives, the City Council is not precluded from a change order to authorize the completion of the shell space.  We will bring back the information as soon as it is completed.  I concur with the recommendation of the staff and the architect that the contract for the Port Orange Police Department facility be awarded to Hall Construction, Inc. in the amount of $9,738,400.  This is below the architect’s estimate. 

 

Item 11 -        Building Activity Report and Monthly Development Activity Report for February and March, 2008

 

The attached Staff Reports include the Development Activity Report for March 2008 and the Building Activity Report for February 2008.  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.

 

G.                TABLED ITEMS

 

Item 12 -        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) Tabled 1/15/08)

 

This item is on second reading.  By City Council rule this item is required to be brought off the table for an update from staff.  I would anticipate that this item would be tabled again after the update.  I am scheduled to meet with the developer’s attorney and traffic consultant on April 24.

 

Item 13 -        Final Plat and Plans and Subdivision Improvement Agreement for the Kinara Village Subdivision (Tabled 2/26/08)

 

The applicant has received the approval from St. Johns River Water Management District.  We recommend this item be removed from the table and considered.  The staff is recommending approval. 

 

 

H.                REPORT FROM ADVISORY BOARD

 

Item 14 -        Citizen Advisory Committee for MPO

 

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

 

 

I.                    COMMUNITY DEVELOPMENT

 

Item 15 -        Second Reading – Ordinance No. 2007-55 – Small Scale Land Use Amendment – City of Port Orange (Park Site)

 

We recommend approval.

 

Item 16 -        Second Reading – Ordinance No. 2007-61 – Small Scale Land Use Amendment – Spruce Creek Commons

 

We recommend approval.

 

Item 17 -        Second Reading – Ordinance No. 2007-62 – Rezoning – From PCD (Planned Commercial Development) and R-2D (Two-Family Residential) to R-3M (Multi-Family Residential) – Spruce Creek Commons

 

We recommend approval.

 

Item 18 -        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 PCD (Continued to Date Certain of April 15, 2008)

 

The City has received a letter from Wal Mart requesting this item be returned to the Planning Commission and staff.  Enclosed in your packet is a revised DF that includes the proper motion as recommended by the City Attorney.  Staff is recommending that the project be referred back to the staff and the Planning Commission.

 

Item 19 -        Final Site Development Plan – Wal-Mart NE Corner of Madeline Avenue and Nova Road (Continued to Date Certain of April 15, 2008)

 

The City has received a letter from Wal Mart requesting this item be returned to the Planning Commission and staff.  Enclosed in your packet is a revised DF that includes the proper motion as recommended by the City Attorney.  Staff is recommending that the project be referred back to staff and the Planning Commission.

 

Item 20 -        Resolution No. 08-12  - Settlement Agreement – School Concurrency Comprehensive Plan Amendments

 

On January 22, 2008, the City Council approved the adoption of the School Concurrency related Comprehensive Plan Amendments.  These include amendments to the Future Land Use Element, Intergovernmental Coordination Element, the Capital Improvements Element, and the creation of the new Public School Facilities Element, as required by State Law.

 

The City of Port Orange, along with all Volusia County local governments who have already adopted these amendments, received a Notice of Intent of non-compliance concerning a minor disagreement over wording of the text; however, DCA and the Volusia County representatives had already agreed to the settlement terms prior to the issuance of the NOI.  DCA also issued a Statement of Intent which included the agreed-upon text amendments to the Public School Facility Element.  The City is required to approve the Settlement Agreement with DCA and adopt the new language into the Comprehensive Plan. 

 

Please note that the remedial plan amendment will be adopted by ordinance as a separate agenda item.  After the subject resolution is approved, the Settlement Agreement will be sent to DCA to be executed.  Once the City receives the fully-executed agreement, then the second reading may be held to adopt the remedial plan amendment.

 

Exhibit “A” to this Agreement is a copy of the Statement of Intent which identifies the provisions not in compliance.  Exhibit “B” contains the Remedial Actions needed for compliance.  This agreement constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will be in compliance.

 

Staff recommends that Council approve the attached resolution approving the Stipulated Settlement Agreement regarding DCA Docket No. 08-PEFE1-NOI-6414-(A)-(N).

 

Item 21 -        First Reading - Ordinance No. 2008-12  - Remedial Plan Amendment – School Concurrency Comprehensive Plan Amendments

 

On January 22, 2008, the City Council approved the adoption of the School Concurrency related Comprehensive Plan Amendments.  These include amendments to the Future Land Use Element, Intergovernmental Coordination Element, the Capital Improvements Element, and the creation of the new Public School Facilities Element as required by State Law.

 

The City of Port Orange, along with all Volusia County local governments who have already adopted these amendments, received a NOI (Notice of Intent) of non-compliance concerning a minor disagreement over wording of the text; however, DCA and the Volusia County representatives had already agreed to the settlement terms prior to the issuance of the NOI.  DCA also issued a Statement of Intent which included the agreed-up text amendments to the Public School Facility Element.  The City is required to adopt all remedial plan amendments within 60 days after execution of the Stipulated Settlement Agreement regarding DCA Docket No. 08-PEFE1-NOI-6414-(A)-(n).  The remedial plan amendments are attached as Exhibit 1 to the ordinance.

 

Staff recommends that Council approve the attached ordinance adopting the remedial plan amendment, consistent with the Stipulated Settlement Agreement regarding DCA Docket No. 08-PEFE1-NOI-6414-(A)-(N).

 

Second Reading:   May 6, 2008

 

Item 22 -        First Reading – Ordinance No. 2008-13 - Amending Article IV of Chapter 42 of the Code of Ordinances Relating to Nuisances

 

This is a request to amend Chapter 42 of the Code of Ordinances (Nuisances).  If the amendments are adopted, language will be added addressing residential lighting, including definitions, regulations, and enforcement.

 

Planning Commission Recommendation:      The Planning commission recommended approval 5-0 (Commissioners Barker and Parker excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 6, 2008 

 

Item 23 -        Concurrency and Fair-Share Agreement for the Final Site Plan – Atlantic Coast

 

The Atlantic Coast office building is located on the south side of Dunlawton Avenue, east of Jackson Street.  The development consists of a 16,930 SF-office building along with associated site improvements. The fair share amount is $26,312.00, which will go toward the improvements of the Dunlawton Avenue/Clyde Morris Boulevard intersection, the I-95 interchange area, and the Summertrees Road extension.  Currently this project is going through the City’s minor site plan process and is being reviewed at the staff level. 

 

Staff recommends that Council approve the Concurrency and Fair-Share Agreement for the Atlantic Coast Office Building Final Site Plan.

 

 

J.                  PUBLIC UTILITIES

 

Item 24 -        Resolution No. 08-13 - Voluntary Partition of Real Property Holdings with City of Daytona Beach

 

           

The cities of Daytona Beach and Port Orange have jointly held an equal partnership ownership of real property containing approximately 1894 acres within the area commonly referred to as the central wellfield region, located west of Tomoka Farms Road.  In 2005, the City of Daytona Beach initiated a request to divide the lands thereby enabling each city to have sole ownership and control over its property. 

 

Under this agreement, lands located north of Interstate 4 will become the sole property of Daytona Beach.  Also, Daytona Beach will have sole ownership over a 284-acre rectangular tract of land abutting Shunz Road. In order for Daytona Beach to access this parcel, the agreement allows for Daytona Beach to maintain an access easement to utilize Shunz Road. However, Daytona Beach forfeits its right to utilize Shunz Road access west of the said rectangular tract.  Meanwhile, the City of Port Orange will take sole possession of all remaining lands located south of Interstate 4.  Ultimately, both cities will take sole ownership of approximately 947 acres each. 

           

Staff recommends that Council approve the attached resolution regarding an Agreement for the voluntary partitioning of real property holdings, and to authorize the Mayor and City Manager to execute the Resolution and Agreement.

 

 

K.                 ADMINISTRATION

 

Item 25 -        Resolution No. 08-14 - First Amendment to Agreement for Purchase and Sale

 

On April 1, 2008, MHK of Volusia County Inc. requested a 20 day extension of time to close on or before April 23, 2008, for the purchase from the City of 39 state wetland mitigation credits as provided for in the Agreement for Purchase and Sale.

 

Staff recommends that Council approve the attached resolution and the First Amendment to the Agreement for Purchase and Sale of 225 acres between the City of Port Orange and MHK of Volusia County, Inc.

 

Item 26 -        Appointment to Volusia Growth Management Commission

 

The term of Donna Steinebach on the Volusia Growth Management Commission expires at the end of April.  She has indicated that she does not desire to be re-appointed.  This is an extremely important body.  The City Council needs to find an individual to serve on this body who understands planning principles; who is well versed in growth management; and, who can articulate the City of Port Orange’s position on the Commission when needed.  Prior to Donna’s appointment to the Growth Management Commission, a member of the Planning Commission represented the City of Port Orange (Council Member Kennedy was the City’s member on the Growth Management Commission when he was a member of the Planning Commission).  As I recall, there was a ruling that serving on both the City Planning Commission and the Growth Management Commission created a dual office holding conflict.  I will ask Margaret to research this issue prior to Tuesday evening. 

 

This appointment is one that the City Council needs to recruit an individual to serve on this Commission since the City has only one member. 

 

 

L.                  COUNCIL COMMENTS

 

Item 27 -        Comments/Concerns from Council Members

 

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

 

 

 

Kwp/rlg