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

August 19, 2008

 

Date:               August 11, 2008

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 CITIZEN PARTICIPATION (Agenda)

 

Item 4 -           New Hope Baptist Church – Mowing Contractor

 

I have received a letter from New Hope Baptist Church concerning mowing of the retention area in front of their Church.  The letter requests the City enter into an agreement with the Church for the purpose of them mowing the retention pond area on the same mowing cycle as the Church.  The property is mowed on a 21 day mowing cycle.  The amount they estimate to mow the area based on the same schedule as they mow the retention pond is $3,000.  I have asked Warren to provide me with the cost of the City’s contractor mowing the same area.  The Church would mow the grass more frequently than the City of Port Orange.  Should the City Council authorize staff to enter into discussions with the Church, their contractor would have to meet the same requirements as our contractor does in terms of insurance and workers compensation. 

 

Item 5 -           Request from Windsor Hills for Landscaping Improvements Along Summertrees

 

Summertrees Road is now completed and opened between South Williamson and Taylor Road.  The City did paint the wall because of the construction activity in this area.  A lot of clearing was done during the construction cycle as well.  The Association has requested the City plant additional plants along the wall in front of Windsor Hills.  We met with a representative of the HOA on site last week.  This is also an area that will be mowed every 21 days.  I have asked Margaret Momberger to put together a plan that would put some trees along the wall area to provide additional buffering from the road and the commercial development.  I told her to limit the cost to not more than $2,000 should the City Council instruct staff to install a tree buffer in this area.  I would encourage you to drive Summertrees this week to see what the residents are talking about.

 

 

C.                CITIZEN PARTICIPATION – Non-Agenda (15 Minutes)

D.                CONSENT AGENDA

 

Item 6 -           Addendum No. 3 to the Kimley-Horn Associates Transportation Contract for Design of a Traffic Signal at Devon Street and Taylor Road

 

Staff recommends that Council approve Addendum No. 3 to the Transportation Contract with Kimley-Horn Associates for the design of the traffic signal at Devon Street and Taylor Road in the amount of $37,680.  Of this cost, $20,250 will be reimbursed through the Local Area Program Agreement with the FDOT.  The $37,680 design estimate includes a signal interconnect with the Spruce Creek Road/Taylor Road signal that is required by Volusia County that was added after the original estimate of $27,000 was submitted for the LAP grant application.

 

Staff recommends that Council approve Addendum No. 3 to the Transportation Contract with Kimley-Horn Associates in the amount of $37,680 for the design of a traffic signal at Devon Street and Taylor Road and to authorize the Mayor and City Manager to execute the associated contract documents.

 

City Manager’s Comment:  Before Melissa Booker left the City of Port Orange, she was able to secure a grant from the MPO for a traffic signal at this location.  This is to design the signal. 

 

 

Item 7 -           Proposed License Agreement for 596 Moonpenny Circle

 

The property owner of 596 Moonpenny Circle is requesting permission to allow a concrete paver driveway apron within the right of way of Moonpenny Circle, a 50 foot wide City right of way located in the Foxboro Subdivision.  Concrete driveway aprons are standard; however, the property owner would like the ability to use the pavers all the way to the edge of the pavement of Moonpenny Circle.  City departments have reviewed this request and approve this material.

 

The license agreement has the effect of requiring the property owner to maintain and, if necessary, replace these improvements with the accepted standard construction requirements of the City.  Further, should the property owner fail to abide by this agreement, the City is provided with the ability to take the necessary corrective action at the expense of the property owner.

 

Staff recommends that Council approve and authorize the Mayor and City Manager to act on behalf of the City to execute the License Agreement for 596 Moonpenny Circle.

 

Item 8 -           Change Order No. 3 to Saboungi Construction, Inc., for Replacement of Bermuda Sprigging with Installation of Bermuda Sod

 

The specifications for Coraci Sports Park called for sprigging of Bermuda grass; however, the sprigging is the last thing to be completed and will not occur until late in November.  Because that is the dormant season, the grass will not grow in and be ready by the time the City will need to use it.  Therefore, staff is requesting a change order in the amount of $57,542.74 to replace the sprigging with Bermuda Tifton Sod.  A credit of $6,700 will be done at the end of the project.  Funding for this project is in Account No. 611-5100-572-6397, Project No. QPC024.  Staff recommends that Council approve Change Order No. 3 in the amount of $57,542.74 to replace the sprigging with sod due to the time of year and the grow-in period. 

 

City Manager’s Comments:  Sprigging of the athletic fields at Coraci is not feasible due to the lateness of the growing season.  We will be planting the fields in November.  We are recommending that a change order be issued changing the turf from sprigs to sod.  This will guarantee proper grow in and use of the fields next year.  We are afraid the sprigs would not grow in and weeds would take over the fields, thereby requiring the City to replant the fields in the spring.  Our grant is due to expire at the end of November.  That is why we can’t wait until spring to plant the fields.

 

 

Item 9 -           Approval to “Piggyback” Volusia County’s Contract with Flair Services, Inc.

 

Staff requests approval to “piggyback” Volusia County’s contract with Flair Services Inc. for all air conditioning repairs and service as needed for City facilities.  Flair Service Inc. is a local company based in Port Orange.  Flair Service Inc. has done work and repairs on our facilities in the past, and they have always provided quality work and have been quick to respond when called.

 

Staff recommends Council approval to “piggyback” Volusia County’s contract No. 06-B-45PW with Flair Services Inc. for all air conditioning repairs and service.

 

Item 10 -        Building Activity Report and Monthly Development Activity Report for June and July, 2008

 

The attached staff reports include the Development Activity Report for July, 2008, and the Building Activity Report for June, 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 that Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report) for June and July, 2008.

 

Item 11 -        Approval of Victims of Crime Act (VOCA) Grant

 

Earlier this year, the Police Department applied for funding under the Victims of Crime Act (VOCA) Grant program.  The department has been awarded $53,348 for the 208/2009 funding cycle to assist victims of crime.  Because the grant program requires a match, the City’s share is $13,337.

 

Staff recommends that Council approve the acceptance of grant funds form the State of Florida in the amount of $53,348 for the Victims of Crime Act (VOCA) Grant program.

 

Item 12 -        Purchase of Menzi Muck

 

The Menzi Muck is in poor condition and in need of replacement.  This equipment is used to clean debris and vegetation from ditches and retention areas.  Menzi Muck, sole dealer on this type of equipment, is offering a trade-in allowance of $16,000 toward the purchase of a new one.  The total cost, including trade in, will not exceed $192,260; and funds are available in the Fleet Finance Account No. 505 1000 580 6400.  Staff recommends approval to purchase a Menzi Muck for a cost not to exceed $192,260.

 

 

Item 13 -        CPI Rate Adjustment Clarification/Effective Date – Landscape Contract

 

In the past, the CPI rate adjustment for the landscape contract was based on rates released in January, and the adjustment was then applied effective April 1.  For budgetary reasons and in order to streamline with the City’s fiscal year, staff requests approval to calculate the CPI rate adjustment based on June CPI rate releases.  These rates are released mid-July and staff will have the time necessary to calculate and obtain Council approval in order to apply the new rates effective October 1 of each year.  All three landscape contractors have agreed to this change.  Based on Jun3e 2007 and June 2008 CPI rates, the adjustment for this October is 3.96%; and the commentary attached provides a breakdown of the accounts and cost.

 

Staff recommends that Council approve to calculate and base the CPI rate adjustment for the landscape contract on the rates released in June and apply the rate adjustment effective October 1.

 

Item 14 -        Authorization Requested Pertaining to FY2008/2009 Metropolitan Planning Organization (MPO) Membership Assessment

 

City Staff has received an invoice pertaining to the FY 2008/2009 membership assessment in the Metropolitan Planning Organization (MPO).  The amount of the City’s membership is $5,116.

 

Staff recommends that Council continue with the membership in the Metropolitan Planning Organization and authorize Staff to pay the FY 2008/2009 assessment in the amount of $5,116.

 

Item 15 -        Adoption of 2009 Critical Dates Calendar

 

This is a request to adopt the 2009 Critical Dates Calendars.  These calendars are structured identical to the calendars that were adopted for 2008.  The only significant changes to the calendars occur during the months of October, November, and December due to Holiday scheduling conflicts.

 

Planning Commission Recommendation:      The Planning Commission recommends adoption 5-0 (Commissioners Barker and Booth excused).

 

Staff Recommendation:   Staff recommends approval.

 

E.                 REPORT FROM ADVISORY BOARD

 

Item 16 -        Citizen Advisory Committee for MPO

 

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

 

 

F.                 FINANCE

 

Item 17 -        Resolution No. 08-31 - Charges and Fees Relating to the Municipal Golf Course for Residents and Non-Residents

 

The Board of Directors of the Golf Club at Cypress Head, Inc., has recommended revising the changes and fees for the Municipal Golf Course.  Actual rates charged may vary by season; however, the attached rate resolution establishes maximum rates.  In summary, changes included:

 

·         Increase in resident golf rounds for player and junior by $7 and $3 respectively

·         Increase in annual founders pass and play pass for players and spouses by $40 and $20 respectively

·         Increase in annual junior play pass by $15

·         Increase in play cards for 20 plays per year by $130

 

Staff recommends that Council approve the attached resolution revising the charges and fees for the Municipal Golf Course.

 

 

G.                COMMUNITY DEVELOPMENT

 

Item 18 -        Second Reading- Ordinance No. 2008-21 – Amending Article IV, Section 42, of the Code of Ordinances Relating to Nuisances

 

Staff recommends approval.

 

Item 19 -        First Reading – Ordinance No. 2008-22 - Rezoning – City Wellfield Property (Parcel A-1) from Volusia County (Conservation) and (Resource Corridor) to the City of Port Orange F-C (Flood-Plain Conservation)

 

This is a request to rezone the City’s wellfield property identified as Parcel A-1.  Parcel A-1 will be rezoned from Volusia County “Conservation” and “Resource Corridtor” to City of Port Orange “F-C” (Flood Plain Conservation), pursuant to the 2004 Wellfield Interlocal Agreement.

 

The subject property is the site of the City’s main wellfields and is located within the City’s Urban Service Boundary.  Although the subject property is in unincorporated Volusia County, an ILA between the City and the County allows the City to exercise jurisdictional control over this property without annexation, including implementing City future land use, zoning, and Land Development Code regulations.  The City now proposes to rezone Parcels A-1 and A-2 as required by the ILA.  The staff report and the 2004 Wellfield ILA are attached for review.

 

Planning Commission Recommendation:      The Planning Commission recommended approval 6-0 (Commissioner Barker excused) of the administrative request to rezone Wellfield Parcel A-1 and Parcel A-2 consisting of a total of approximately 6,256 acres, located west of Tomoka Farms Road and east of I-4, as described above.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               September 17, 2008

 

Item 20 -        First Reading – Ordinance No. 2008-23 - Rezoning – City Wellfield Property (Parcel A-2) from Volusia County FR (Forestry), A (Agriculture), and RC (Resource Corridor) to City of Port Orange GPU (Government Public Use

 

This is a request to rezone the City’s wellfield property identified as Parcel A-2.  Parcel A-2 will be rezoned from Volusia County “Forestry,” “Agricluture” (A), and “Resource Corridor” to City of Port Orange “GPU” (Government Public Use), pursuant to the 2004 Wellfield Interlocal Agreement.

 

The subject property is the site of the City’s main wellfields and is located within the City’s Urban Service Boundary.  Although the subject property is in unincorporated Volusia County, an ILA between the City and the County allows the City to exercise jurisdictional control over this property without annexation, including implementing City future land use, zoning, and Land Development Code regulations.  The City now proposes to rezone Parcels A-1 and A-2 as required by the ILA.  The staff report and the 2004 Wellfield ILA are attached for review.

 

Planning Commission Recommendation:      The Planning Commission recommended approval 6-0 (Commissioner Barker excused) of the administrative request to rezone Wellfield Parcel A-1 and Parcel A-2 consisting of a total of approximately 6,256 acres, located west of Tomoka Farms Road and east of I-4, as described above.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               September 17, 2008

 

Item 21 -        Resolution No. 08-32 - Proposed Conservation Easement Vacation – Lot 1, Westport Square PCD, Phase II (1682 Taylor Road)

 

The Community Development Department has received a request to vacate the Conservation Easement located on Lot 1 of the Westport Square PCD, Phase II Subdivision.  Continental Properties, the property owner and developer of the Kohl’s department store, has made this request in connection with the proposed future replatting of the subdivision, currently under review.

 

The Conservation Easement on this lot was originally required per previous departmental procedures and presently has an access drive for a portion of the Westport Square PCD development constructed over the westerly portion of it.  Also, the future development of a lot being created with the replat will require partial clearing and new landscaping in the easterly portion of it.  Mitigation requirements have not been recommended for this proposal due to the tree preservation and landscape buffer requirements that will be required when that future lot development is reviewed for approval or if a clearing permit application is received for that area.

 

The easement vacation application and legal descriptions have been reviewed for completeness and accuracy.  Other City departments have reviewed this request and recommend that the vacation be subject to reserving all other easements of record over the subject area.  The easement may be vacated to the extent that this will aid the developer with their proposed replat and that this particular Conservation Easement is no longer required to assure tree preservation and landscape buffer requirements for the area.

 

Staff recommends that Council approve the attached resolution vacating the Conservation Easement located on Lot 1 of the Westport Square PCD, Phase II Subdivision, per the attached legal description (Exhibit A).

 

Item 22 -        Resolution No. 08-33 - Proposed Easement Vacation – Woodlake Subdivision, Lot 161 (4621 Barnacle Drive)

 

The Community Development Department has received a request to vacate a portion of the southerly rear yard 10.00 feet wide Utility and Drainage Installation and Maintenance Easement located on Lot 161 of the Woodlake Subdivision.  Artesian Pools, applicant on behalf of the property owner, has made this request in connection with a proposed pool deck and screened pool enclosure to be constructed into 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 department have reviewed this request with respect to City Codes and possible effects to adjacent properties and have not outstanding concerns.  Total allowable lot coverage has not been exceeded, and enough easement area will remain for necessary drainage.  Currently, there are no planned drainage or utility improvements proposed for this area in the future.  The easement may be vacated as described in the attached Exhibit A to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating the northerly 5.00 feet of the southerly rear yard 10.00 feet wide Utility and Drainage Installation and Maintenance Easement located on Lot 161 of the Woodlake Subdivision per the attached legal description.

 

Item 23 -        Resolution No. 08-34 - Proposed Utility Easement Vacation – Vacated Rogers Avenue North of Howes Street between Block 44 and Block H, Plat of Allandale Subdivision (130 Howes Street)

 

The Community Development Department has received a request to vacate the westerly 20.00 feet wide Utility Easement located on a portion of previously vacated Rogers Avenue as shown on the recorded plat of the Allandale Subdivision.  The property owner has made this request in connection with a concrete driveway that has been constructed into the easement.  The driveway conforms to all required setback distances.  Total allowable lot coverage has not been exceeded.

 

The easement has no utility lines in it.  There are no currently planned utility improvements proposed for this easement area.  Franchise Utility Company release letters have been obtained for the easement area.  City departments have reviewed this request with respect to City Codes and possible effects to adjacent properties and have not remaining concerns.  The property owner has provided an Access and Drainage Easement over a portion of the property for existing drainage.  The easement vacation application and legal description have been reviewed for completeness and accuracy.  The utility easement may be vacated as described in the attached Exhibit “A” to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating the westerly 20.00 feet wide Utility Easement located on a portion of previously vacated Rogers Avenue as shown on the recorded plat of the Allandale Subdivision, more particularly described per the attached Exhibit “A” legal description.

 

Item 24 -        Resolution No. 08-35 - Local Area Program (LAP) Agreement between City of Port Orange and the Florida Department of Transportation (FDOT) to Facilitate the Design of a Mast Arm Signal at the Intersection of Devon Street and Taylor Road

 

Staff recommends that Council approve the LAP Agreement with the FDOT that allows reimbursement to the City of Port Orange of 75% of the $27,000 originally estimated design cost of the mast arm signal at Devon Street and Taylor Road, not to exceed $20,250.  The current design estimate from Kimley-Horn is $37,680.  The additional cost is because of a signal interconnect with the Spruce Creek Road/Taylor Road signal that is required by Volusia County and was added after the original estimate was submitted for the LAP grant application.

 

Staff recommends that Council approve the attached resolution implementing the Local Area Program Agreement with the FDOT for design of a traffic signal at Devon Street and Taylor Road, FDOT Project No. FPN 424053-1-38-01, and to authorize the Mayor and City Manager to execute the associated documents.

 

Item 25 -        Resolution No. 08-36 - Proposed Tree Conservation Easement Vacation – Lot 3, Carter Woods Subdivision (1160 Buttermilk Lane)

 

The Community Development Department has received a request to vacate an 18.00 foot diameter Tree Conservation Easement, center located on Lot 3 of the Carter Woods Subdivision.  The property owner has made this request to allow installation of a circular driveway for the single-family residence being constructed on the lot.  Staff determined the tree to be healthy; however, the canopy and branch structure is irregular due to the proximity of overhead electric lines (see attached photos).  Staff is recommending approval of the easement vacation based on the potential hazard posed by the heavy limbs of the tree leaning at a pronounced angle over the house.

 

In the event the tree conservation easement vacation request is approved, a resolution and quit claim deed have been prepared.  If approved, the applicant will be required to plant three (3) replacement trees or pay $502.80 per replacement tree into the tree bank in lieu of planting replacement trees.  The lot owner will also be required to maintain the minimum number of trees on site per the Land Development Code (LDC) which, in this case, is five (5).

 

The easement vacation application and legal description have been reviewed for completeness and accuracy.  City departments have reviewed this request and have provided the replacement tree requirements and tree bank amount to the application.  The applicant is prepared to plant replacement trees if the easement vacation is approved.

 

Staff recommends that Council approve the attached resolution vacating an 18.00 foot diameter Tree Conservation Easement, center locate don Lot 3 of the Carter Woods Subdivision, per the attached legal descriptions.

 

Item 26 -        Concurrency and Fair Share Agreement for countryside Commercial Center PCD (Buildings D & E)

 

The site plan for the Countryside Commercial Center (Buildings D & E) proposes two new medical office buildings (13,500 SF and 5,600 SF) within an existing commercial subdivision located on the north side of Dunlawton between N. Swallowtail Drive and Woodbriar Trail.  The traffic impact analysis, completed earlier this year by Zev Cohen & Associates, Inc., projects impacts to the Dunlawton/Clyde Morris Boulevard intersection, the I-95 interchange area, and the Summer Trees Road extension upon build-out of the development.  The $101,943 fair share mitigation payment will be contributed toward the cost of improvements at those locations, as shown on Exhibit A-2 of the agreement.  The agreement has been executed by the applicant and is attached for review.

 

The site plan has been reviewed by staff and found to be in compliance with the City’s development requirement.  A Development Order will be issued upon City Council approval of the Fair Share Agreement and receipt of the fair share mitigation payment.

 

Staff recommends that Council approve the Concurrency and Fair Share Agreement for the Countryside Commercial Center PCD (Buildings D and E) site plan.

 

Item 27 -        Special Exception for the Victorious Life Church

 

This is a request to approve a Special Exception to allow a house of worship for Victorious Life Church in the “R-3M” (Multi-Family) Zoning District, with conditions, as recommended by the Planning Commission.

 

Planning Commission Recommendation:  The Planning Commission recommended approval, 6-0 (Commissioner Barker excused) of the request for Special Exception subject to the following three conditions:

 

·         Providing additional landscaping along the north lot line where the existing building does not meet the required 50’ setback;

·         Bringing the site and building up to current Land Development Code and Florida Building Code standards; and

·         Eliminating the existing access point off of Old Kings Road

 

Staff Recommendation:   Staff recommends approval.

 

H.                ADMINISTRATION

 

Item 28 -        Resolution No. 08-37 - Volusia County Manatee Conservation Fund Grant

 

With an approved Manatee Protection Plan and Memorandum of Understanding, Port Orange is eligible for funds under the County’s Manatee Conservation Fund Grant program.

 

The program’s focus is “on-the-water” law enforcement efforts such as overtime salaries for on-water law enforcement officers, boats, GPS units for boats or other types of similar equipment, fuel for boats, laser radar guns, and computers for tracking citations.   Port Orange is eligible for $3,075.49, which is based on an equation that factors in the length of river shoreline. 

 

The City requests $3,075.49 from the Manatee Conservation Fund for overtime salaries for the Police Departments Marine Unit Patrol.  There is no match requirement and the funds are scheduled to be distributed in November.

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Volusia County Manatee Conservation grant application to fund overtime for Police Officers that enforce the City’s Manatee Protection Plan.  In addition, authorize the Mayor and City Manager to execute any agreements or contracts.

 

 

I.                    COUNCIL COMMENTS

 

Item 29 -        Comments/Concerns from Council Members

 

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

 

 

 

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