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

                        January 20, 2009

 

Date:               January 13, 2009

 

 

 

A.        OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.                 SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Presentation of Proclamation to Employees Upon Retirement from City

 

Rich Ott and Bob Ray were unable to attend the Council Meeting on January 6.  Therefore, Rich and Bob asked if he could attend this evening’s meeting to receive his proclamation. 

 

C.                BOARD APPOINTMENTS AND INTERVIEWS

 

Item 5 -           Environmental Advisory Board (1 Term to Expire 5/7/09)

 

One appointment needs to be made to the Environmental Advisory Board with the term to expire on May 7, 2009, to fill the unexpired term of Donnie Compton.  Attached is the only application on file for appointment to this Board from Pat Yeager.  Mr. Yeager has expressed an interest in being appointed to this board.

 

Item 6 -           Parks and Recreation Advisory Board (1 Term to Expire 2/15/11) 

 

One appointment needs to be made to the Parks and Recreation Advisory Board with the term to expire on February 15, 2011.  Applications are on file from Scott Decker, Pat Yeager, and Bud Harden for this Board.  All have expressed interest in serving on this board.

 

 

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

E.                 CONSENT AGENDA

 

Item 7 -           City Cost Participation – Town of Ponce Inlet to Install a Sanitary Sewer Collection System along Rains Drive

 

The Town of Ponce Inlet has requested that we cost participate with them on a Capital Improvement Project along Rains Drive in their town in conjunction with their upcoming potable water system improvement project.  They are requesting our concurrence to cost participate with them on the cost of installing the sanitary sewer system portion and our pro-rata share of restoration costs.  Seventeen (17) existing single family homes and two (2) vacant lots will be provided with sanitary sewer service with this project.  Twelve (12) bids were received by the Town on December 2, 2008 with J.D. Weber Construction submitting the lowest base bid of $229,735.00.  City staff has found J.D. Weber Construction to be the most responsive, responsible, low bidder based on our past projects experiences.  By cost participating with this project, both municipalities can take advantage in sharing many of these restoration costs, which are quite expensive in a developed area such as this. 

           

The City’s Engineering Consultant, Quentin L. Hampton Associates, Inc., completed the design and has submitted the cost estimate for our share of the costs, attached.  We have evaluated this engineering cost estimate and found the estimate is fair and reasonable and in-line with current industry pricing within our area. 

           

The $5,000.00 sewer connection fee per residential unit is based on construction cost (excluding engineering and inspection fees) divided by 19 sewer services.  The City will recuperate these fees via the Town of Ponce Inlet existing sewer ordinance.  The Town requires mandatory sewer connection within one (1) year of notice of sewer availability. 

           

Funds are currently available in City Cost Participation under the general guidelines of Chapter 11 of the LDC.  Funds are available in the City Cost Participation Project, #UCP001.   

 

Staff recommends that Council approve City Cost Participation with the Town of Ponce Inlet in an amount not to exceed of $122,061.00 for the construction, construction management, and utility inspection for the Rains Drive Sewer System Extension Project, and to authorize the Mayor and City Manager to execute applicable contract documents, as necessary; and establish the sewer connection fee of $5,000.00 per residential unit for each lot to be served.

 

Item 8 -           Building Activity Report and Monthly Development Activity Report for November and December, 2008

 

The attached Staff Reports include the Development Activity Report for December, 2008, and the Building Activity Report for November, 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.

 

Item 9 -           Request to Waive Variance Application Fee

 

At its November 20, 2008 meeting, the Planning Commission granted a variance to Thomas Adriaansen from Chapter 17, Section 27, of the City’s Land Development Code regarding a rear yard setback.  Mr. Adriaansen requested the variance in order to construct an addition to his existing single family home to make it handicapped accessible.  As part of the letter of request for the variance (see attachment), Mr. Adriaansen is also requesting that the $900 variance application fee be waived due to his disability and limited income.  In 2004, the City Council granted a similar request for this type of variance case.

 

Item 10 -        Budget Calendar for 2009

 

Staff recommends that Council approve the proposed Budget Calendar for the fiscal year 2010 budget.

 

 

Item 11 -        Drainage Easement Agreement – Riverwood Plantation Homeowners Association

 

Staff has been in negotiations with the Riverwood Plantation Homeowners Association in order to obtain an access and drainage easement in the Palmas Bay subdivision.  This easement would allow the City to proceed with the proposed drainage improvements needed for the River Oaks subdivision that, at this time, has no outfall.  The Riverwood Homeowners Association will grant the easement provided the City complete a one time clean out of the swales located within the Palmas Bay subdivision.  The full agreement, easement, and map of areas affected attached for your review.

 

Staff recommends approval of the agreement with Riverwood Plantation Homeowners Association in exchange for the access and drainage easement located in the Palmas Bay subdivision.

 

 

F.                 REPORT FROM ADVISORY BOARD

 

Item 12 -        Citizen Advisory Committee for MPO

 

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

 

 

G.                COMMUNITY DEVELOPMENT

 

Item 13 -        Resolution No. 09-6 - Requested Approval of Fiscal Year 2006-2007 CDBG Action Plan Amendments

 

The City’s Fiscal Year 2006-2007 CDBG Action Plan identified one activity, Riverside Drive Improvements, in the amount of $233,996.  In addition, funding for Administration expenses in the amount of $33,499 were not fully expended within the Fiscal Year 2006-2007 and must be re-allocated to projects.

 

These proposed amendments reallocate available funding (total $267,495) to activities that will benefit the citizens and public facilities of Port Orange. New activities include:  Port Orange Adult Activity Center Facility Improvements in the amount of $132,495; Buschman Park Improvements in the amount of $100,000; and demolition of blighted residential and commercial buildings in the amount of $35,000.

 

A thirty day public comment period began December 2, 2008, and a public hearing took place on Monday, December 29, 2008, to solicit public comments on the proposed amendments.  No public comments were received.

 

Staff recommends that Council approve the attached resolution authorizing amendments to the City’s Fiscal Year 2006-2007 CDBG Action Plan.

 

Item 14 -        Resolution No. 09-7  - Requested Approval of Fiscal Year 2007-2008 CDBG Action Plan Amendments

 

The City’s Fiscal Year 2007-2008 CDBG Action Plan identifies one activity, Real Property Acquisition, in the amount of $234,242.40.  In addition to deleting the Real Property Acquisition activity, funding allocated to FY 2007-2008 Administration expenses in the amount of $58,560.60 was not fully expended within the fiscal year and must be re-allocated to projects.

 

The combined available funding from deletion of the Real Property Acquisition activity in the amount of $234,242.40 and redirection of Administration funding in the amount of $58,560.60 (total $301,792.60) is proposed to fund the following activities:  Port Orange Adult Activity Center Facility Improvements in the amount of $267,803; and Demolition of blighted residential and commercial buildings in the amount of $25,000.

 

A thirty day public comment period began December 2, 2008, and a public hearing took place on Monday, December 29, 2008, to solicit public comments on the proposed amendments.  No public comments were received.

 

Staff recommends that Council approve the attached resolution authorizing amendments to the City’s Fiscal Year 2007-2008 CDBG Action Plan.

 

Item 15 -        Resolution No. 09-8  - Evaluation and Appraisal Report (EAR)

 

On July 24, 2008, the Planning Commission recommended approval of the Draft EAR, 6-0 (Commissioner Barker excused).  On August 26, 2008, the City Council authorized the transmittal of the Proposed EAR to the Florida Department of Community Affairs (DCA) and other review agencies.

 

The State Growth Management Act requires a periodic review and update of adopted local government Comprehensive Plans once every seven years according to a schedule established by State statute. The EAR presents the findings of the analysis undertaken to evaluate the City’s current Comprehensive Plan and recommends changes based on the analysis.

 

DCA reviewed the Draft EAR and had three comments that have been addressed. The Final EAR is attached for your review and is available for public review on the City’s website at: http://www.port-orange.org/inside/inside59.php

 

Staff recommends that Council approve the attached resolution authorizing the transmittal of the Evaluation and Appraisal Report to the Florida Department of Community Affairs and other review agencies, as recommended by the Planning Commission.

 

Item 16 -        2008 Concurrency Management Report

 

On December 18, 2008, the Planning Commission recommended approval, 7-0, to accept the 2008 Concurrency Management Report as presented by Staff. As indicated in the report, the City’s position with respect to concurrency is at sufficient levels for FY 08/09.

·               Traffic: Traffic volumes within the City have increased on some segments and decreased on other segments over the past year. Roads on the west side of I-95 likely will experience the most traffic growth in the near future. Road improvements recently completed and under construction are increasing capacity in this part of the City. Further improvements are needed over the next several years to keep pace with anticipated development.

·               Sanitary Sewer and Potable Water: These systems continue to have capacity to support additional growth within the City. However, the level-of-service (LOS) for potable water must be monitored to ensure that permitted ground water withdrawal capacity per the Consumptive Use Permit, issued to the City by St. Johns River Water Management District, is not exceeded.

·               Stormwater Drainage: LOS continues to be met. The City continues to implement and design drainage improvements, especially in the Cambridge Drainage Basin, to improve the overall stormwater drainage system.

·               Solid Waste: Generation rates are within the adopted LOS standard, as part of a trend of decreasing waste over the last several years.

·               Recreation and Open Space: The LOS standards for parkland, ball fields, and playfields have been amended based on State and national standards, and “playfields” have been renamed “multipurpose fields”. The LOS is being met consistent with the new standards.

·               Public Schools: Horizon, Port Orange, and Sugar Mill elementary schools and Silver Sands middle school currently exceed the LOS standards. All of these schools, except Horizon, are projected to meet the LOS standards by 2010, which is consistent with school concurrency requirements. Horizon has been identified as a backlogged facility and has until July 1, 2012 to meet the LOS standard for elementary schools. The School District is planning school attendance boundary adjustments to address the LOS at Horizon.

 

Staff recommends that Council accept the 2008 Concurrency Management Report, as recommended by the Planning Commission.

 

H.                PUBLIC UTILITIES

 

Item 17 -        Second Reading – ordinance No. 2008-41 – Amending Section 74 of the Code of Ordinances Relating to Utilities

 

Staff recommends approval.

 

Item 18 -        Resolution No. 09-9  - Adoption of Revised Standard Construction Details

 

 

The Land Development Code (LDC) of the City of Port Orange calls for the adoption of Standard Construction Details by resolution, which is then incorporated into the LDC by reference. These graphical details and accompanying technical specifications cover areas of roadway design and paving, drainage, potable water, reclaimed water, sanitary sewer, and associated infrastructure improvements such as sidewalks and streetlights. These details represent the standards to be adhered to by engineers and contractors during the design and construction of their noted improvements associated with capital improvement projects, commercial sites and subdivision developments. These details were originally adopted in 1988 and have been updated periodically since that time to reflect changes in industry practices and newly developed technology.

 

The Public Utilities Department, along with input from various other City departments, developed the proposed 2008 revision to the Standard Construction Details over a period of 16 months.  The City’s consulting site inspectors and engineers, employed by Quentin Hampton Associates, also provided input.  In order to fairly evaluate the impact that these standards would have prior to their implementation and also to hear and receive their positive suggestions concerning the details, a representative sampling of local engineers, developers, and utility contractors were invited to participate in a workshop to openly discuss the proposed standard details with staff in August and November of 2008.

 

The end result of the workshop and city staff’s efforts is the attached standard construction details that were presented to the Planning Commission in December of 2008.   At that meeting, the Planning Commission voted unanimously to recommend that the City Council adopt these newly developed Standard Construction Details as part of the Land Development Code.

 

Staff recommends that Council approve the attached resolution adopting newly revised Standard Construction Details pursuant to the Land Development Code of the City of Port Orange.

 

I.                    PUBLIC SAFETY

 

Item 19 -        Second Reading - Ordinance No. 2008-42 – Amending Sections 70-31, 70-34, and 70-36 of the Code of Ordinances Relating to Vehicle Parking

 

Staff recommends approval.

 

 

J.                  COUNCIL COMMENTS

 

Item 20 -        Comments/Concerns from Council Members

 

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

 

 

 

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