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

March 3, 2009

 

Date:               February 23, 2009

 

 

 

A.        OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 CITIZEN PARTICIPATION (Agenda)

 

Item 4 -           Request from Port Orange Lions Club

 

Attached is a letter from the Lions Club President Ray Siracusa.  The Lions Club would like to adopt Buschman Park as their community project.

 

City Manager’s Comments:  We think this is an excellent project.  Adopting a park is more than just placing your name on the sign.  What the Lions Club is proposing is an excellent program that is beneficial to the entire community.  Hopefully, the Lions Club will be an example for other clubs to take on similar projects by adopting a park.

 

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

D.                CONSENT AGENDA

 

Item 5 -           Approval of Minutes

 

Attached are the minutes of the following meetings:

 

            January 14, 2009 – Special City Council Meeting

            January 20, 2009 – Special City Council Meeting

            January 20, 2009 – Regular City Council Meeting

            January 27, 2009 – Special City Council Meeting

            January 27, 2009 – Regular City Council Meeting

            February 3, 2009 – Special City Council Meeting

            February 3, 2009 – Regular City Council Meeting

 

Staff recommends approval.

 

Item 6 -           Update on Construction Projects

 

Attached is the report from Quentin L. Hampton Associates, Inc.  Staff recommends acceptance of the report.

 

Item 7 -           Update on Recreational Facilities

 

Attached is the update from Parks and Recreation.  Staff recommends acceptance of the update.

 

Item 8 -           Road Construction Report

 

Attached is the report from Public Works.  Staff recommends acceptance of the report.

 

Item 9 -           Requested Approval of SHIP Program Down Payment Assistance for David and Wendy Wilner

 

The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs.   Mr. and Mrs. Wilner have been approved for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, David and Wendy have attended classes on credit counseling and home ownership, as well as met all State regulations for assistance.

 

All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.

 

Staff recommends that Council authorize a loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.

 

Item 10 -        Printing and Mailing of Utility Bills

 

In order to comply with the U.S. Postal Services’ twenty-nine (29) digit zip code bar code, which HTE will not support, the City has chosen to privatize the printing and mailing of the utility bills. Staff obtained two written quotes for this service, one from PRIDE and one from MuniCode and American Solutions was non-responsive. Two (2) staff members toured the PRIDE facility and found their operations to be sufficient and able to provide the requested service. References were also checked including the City of Titusville, Charlotte County in Fl, SunPass-Fl Turnpike Enterprises all are very satisfied with mailing services. PRIDE being a state agency is exempt from bidding for the state agencies under Florida Statutes 946.515(4), which may be utilized by other entities much like the state term contracts. Therefore, staff is recommending that the City Council award the mailing contract to PRIDE in the amount of $24,605.04 for 6 months with ability to renew in October at the same price.  Funding for this service is from account 401-0100-536-3113.

 

Staff recommends that Council waive bid procedures and approve the award of the quote from PRIDE for the printing and mailing of the utility bills in the amount of $24,605.04 for six-(6) months with the ability to renew the agreement for a one-(1) year period of time in October.

 

Item 11 -        Approve Contract and Addendum 1 with Stottler Stagg & Associates for Architectural/Engineering Consulting Services

 

On November 4, 2008, the City Council authorized staff to negotiate a contract with Stottler Stagg & Associates, Inc. for architectural and engineering consulting services related new construction and renovation projects.  The attached contract sets forth standard terms and conditions and requires that projects be authorized by addendums in order to clearly identify the scope of services for each project.  Staff recommends approval of the contract and approval of Addendum 1, which authorizes the following:

 

1.      Fire Station 73 Re-Roof - $23,900

Funds are available in Account No. 317-1000-580-63-97, Project No. CIP008

2.      City Hall Re-Roof - $24,800

Funds are available in Account No. 317-1000-580-63-97, Project No. AIO008

3.      Allen Green Civic Center Re-Roof - $26,100

Funds are available in Account No. 106-1000-580-62-00, Project No. AIO007

4.      Cypress Head Clubhouse Hardening - $15,860

Funds are available in Account No. 317-1000-580-63-97, Project No. AIO010

5.      Adult Activity Center Renovation Study - $11,920

Funds are available in Account No. 317-1000-580-63-97, Project No. AIO009

 

Staff recommends that Council approve the contract and Addendum 1 with Stottler Stagg & Associates, Inc. for architectural/engineering consulting services and to authorize the Mayor and City Manager to execute all necessary documents.

 

City Manager’s Comments:  The City Council agreed to the ranking of Stotler Stagg as the number 1 architectural firm.  A contract has been negotiated with them.  It was the intent that each project be an addendum to the master contract.  We have 5 projects that are ready for design.  We are recommending that we proceed with the identification of the scope and the design of the projects.

 

E.                 FINANCE

 

Item 12 -        Monthly Financial Report

 

Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.

 

Item 13 -        Appointment of City Council Member to the General Employee Retirement Committee

 

When the City Council enacted the new General Employees Pension Ordinance, the Ordinance contained a provision that a City Council Member would be a member of the Pension Board.  Since this Board meets during the day, it is important that the appointee be a City Council member who can meet during the morning hours each month. 

 

Item 14 -        Resolution No 09-16 - Renaming McGinnis Boulevard Extension, East of Williamson Boulevard within the Port Orange Business Park to Hockney Court

 

In order to facilitate the sale of approximately 50-percent of the Port Orange Business Park to Raydon Corporation, which will provide additional revenue and employment to the City, and as a condition to the contract for sale and purchase, staff recommends renaming that portion of McGinnis Boulevard lying east of Williamson Boulevard and solely within the Business Park, to Hockney Court.

 

Staff recommends that Council approve the attached resolution renaming McGinnis Boulevard, east of Williamson Boulevard within the Port Orange Business Park, to Hockney Court and authorizing the Mayor and City Manager to execute all associated documents.

 

City Manager’s Comments:  When we initially discussed the company moving to Port Orange, the principles in the company asked if there was a way of honoring one of the founders of the company by naming the entrance road in his honor.  I indicated to them that I would recommend a name change to the City Council. 

 

It is a privilege to recommend to the Port Orange City Council that the entrance road into the Port Orange Business Park be named Hockney Court in honor of one of the founders of Raydon.

 

Item 15 -        Purchase Sale Agreement for Approximately 16 Acres in the Port Orange Business Park

 

The City purchased the Port Orange Business Park property for $2,929,840 to facilitate economic development opportunities within the City.  The property recently appraised at $6 million in its unimproved state.  The infrastructure is now under construction at a cost of $2,710,350, bringing the total market rate to $8,710,350 or $285,398 per acre.  The property is pre-permitted and consists of a total of 30.52 net usable acres. 

 

V&P Property Group, LLC is interested in acquiring approximately 15 acres to serve as Raydon Corporation’s new corporate headquarters.  They will construct a 196,610 square foot facility, in two phases, to consolidate and house the administrative, engineering, manufacturing and research and development functions of Raydon. The total site investment is projected to be over $12 million with an additional $6 million in equipment.  Raydon develops and manufactures simulation training products.  They are the top provider of convoy trainers to the United States Armed Services and the largest domestic commercial source of novice driver trainers.  Raydon currently employs 287 individuals with an average wage of $48,000, well over the county average.  They plan to increase employment to 400 over the next several years.

 

The purchase sale agreement provides a credit to V&P Property Group, on behalf of Raydon Corporation, in the amount equal to the wetland mitigation and fair share fees along with a credit of up to $80,000 to be applied toward City permit or impact fees, for a total value of up to $641,000.  V&P Property Group will pay the market rate for land in the amount of $4,280,970 for 15 acres.  The purchase price will enable the City to retire the two outstanding bank notes in the amount of $2,925,000, saving over $765,761 in interest payments, satisfy the fee credits and put about $715,000 toward other remaining site development costs.

 

With Raydon’s total investment of nearly $18 million, the annual taxes, utility fees and other charges alone bring the City’s return on investment to 4 years.  Applying the principal and interest payment budgeted for debt service, brings the return on investment to under two years.  This does not include transportation, water and sewer, and fire impact fees that Raydon will pay to the City.

 

The purchase and subsequent industrial development will place the property back onto the tax rolls and will assist in job creation in the Workplace District.  Staff recommends approval of the purchase sale agreement with V&P Property Group, LLC for 15+/- acres in the Port Orange Business Park.

 

Staff recommends that Council approve a purchase and sale agreement with V&P Property Group, LLC for 15+/- acres in the Port Orange Business Park for a purchase price of $285,398 per acre and authorize the Mayor and City Manager to execute all documents, including but not limited to articles, bylaws, declarations, easements and such other legal documents necessary to complete the transaction.

 

City Manager’s Comments:  As you are aware, the City of Port Orange has been engaged for some months in discussions with Raydon about locating its Corporate Headquarters to Port Orange.  We were first approached by them in the fall of 2008.  The Volusia County Economic Development Department has been working with them for several months to identify potential sites for their company.  Ultimately, the Port Orange site was the one selected for their Corporate Headquarters, manufacturing facility, and research and development activities.  Shannon Lewis has worked diligently on this project for several months.  I would like to express my thanks to Margaret Roberts and to the officials at Raydon for the excellent job each has done to bring the project to this point. 

 

Raydon was founded several years ago in Port Orange.  It is fitting that the Port Orange City Council welcome Raydon back home.  This is a great economic development project for our community.  The company has a number of new contracts that will grow the company.  We are happy to partner with them in this endeavor.  Therefore, it is with enthusiasm that I recommend to the Port Orange City Council to enter into a contract with V & P Property Group, LLC for 15+ acres of property on South Williamson.  We anticipate closing to occur in June, 2009.

 

 

F.                 COMMUNITY DEVELOPMENT

 

Item 16 -        Resolution No. 09-17 – Request City Council to Ratify the Appointment of the Attached Members of the Reconvened SHIP Affordable Housing Advisory Committee

 

Resolution No. 09-2 provided for the selection and appointment of the members of the SHIP Affordable Housing Advisory Committee.  Ordinance No.  2009-2 authorizes 17 members.  The attached Resolution ratifies and confirms the appointment consistent with the provisions of the committee enabling Ordinance.

 

Staff recommends that Council ratify Resolution No. 09-2 for the appointment of the attached members of the SHIP Affordable Housing Advisory Committee.

 

Item 17 -        Resolution No. 09-18 - Fall 2008 Large-Scale Comprehensive Plan Amendment Package

 

On November 20, 2008, the Planning Commission recommended approval, 7-0, to transmit the Fall 2008 Large-Scale Comprehensive Plan Amendment Package to the Florida Department of Community Affairs and other review agencies. On February 26, 2009, the Planning Commission was updated on changes to Item 2 that had been made since their November meeting and their recommendation will be provided by separate update. The amendment package includes following two items:

 

Item 1: Map and Text Amendment/Clark Property - A map amendment to change the future land use designation of ±12.65 acres of property located at 3511 Pioneer Trail from Volusia County Agricultural to City of Port Orange Office/Residential Transition. Also included is a new policy in the Transportation Element to limit the number of vehicle trips generated by any future development of this property to 480 daily trips.

 

Item 2: Map and Text Amendment/Woodhaven-Stanaki Property (Westside)

§   A map amendment to change and redistribute the future land use designations for ± 762 acres of property west of I-95 from 107 acres of Conservation, 487 acres of Rural Residential/Agriculture (0-2 units/acre), 100 acres of Suburban Residential (2-4 units/acre), and 69 acres of Commercial to 137 acres of Conservation, 443 acres of Rural Residential/Agriculture (0-2 units/acres), 113 acres of Suburban Residential (2-4 units/acre), and 69 acres of Commercial.

§   A text amendment to the Future Land Use Element updating Table 8 and Figure 14 to relocate the Sub-Regional Commercial Node from the previous intersection of Williamson Blvd. and I-95 to Williamson Blvd. and Pioneer Tr., amending the Implementation Strategies section and adding a new policy identifying specific development conditions.

§   A text amendment to the Transportation Element adding a new policy and amending the Implementation Strategies section, to clarify that the developers of this property will extend Williamson Blvd. from its current terminus south of Airport Rd. to Pioneer Tr., including making improvements to Pioneer Tr. along the frontage of the property, and to construct Martin Road; and amending Table 17 to identify the Williamson Blvd. extension as a 4-lane road and to revise the segment description for Martin Rd.

 

The staff reports on these amendments are attached for your review.

 

Application - ICI - Woodhaven (Stanaki) Large Scale Comprehensive Plan Amendment - (Warning:  Large File download 61.6 MB)

 

Staff recommends that Council adopt the attached resolution authorizing the transmittal of the Fall 2008 Large-Scale Comprehensive Plan Amendment Package to the Florida Department of Community Affairs and other review agencies, as recommended by the Planning Commission.

 

City Manager’s Comments:  There are several things that are achieved by this amendment.  First, a parcel of property owned by Clark Properties will be comp planned to Office Residential Transition.  There are trip caps included in the policy related to this tract of land.

 

The second parcel is the Stanaki parcel west of Interstate 95.  There are several things that are included in this request.  First, the South Williamson Boulevard alignment is changed.  In our current Comprehensive Plan, South Williamson crosses over Interstate 95 and connects to Pioneer Trail.  Some years ago, the Cities of New Smyrna Beach and Port Orange as well as Volusia County agreed that the alignment for South Williamson should be on the western side of the Interstate.  With this alignment change, all three Comprehensive Plans will reflect South Williamson being on the western side of I-95. 

 

The second thing that is accomplished by the Stanaki Comprehensive Plan change is the location of the commercial parcel.  When the Stanaki PUD was originally approved, there was a major commercial hub approved at the intersection of Interstate 95 and South Williamson Boulevard.  This amendment would move the commercial tract southward toward Pioneer Trail. 

 

The third thing that is accomplished by this amendment is that the Transportation Element will be amended to state that South Williamson will be a 4 lane thoroughfare.  There will be a revision to the Transportation Element stating that Martin Road will be constructed.  There will be lane improvements required on Pioneer Trail as well.

 

The fourth thing that is accomplished by this amendment is that a portion of the property on the southern end will be designed as conservation. 

 

A fifth element of the Comprehensive Plan Amendment is an increase in the amount of property set aside for conservation.  The current Stanaki Plan has 107 acres set aside for conservation.  The Plan under review will have 137 acres set aside for conservation.  The current Stanaki Plan has 487 acres of Rural Residential, and the new plan will have 443 acres.  The current Plan has 100 acres assigned to Suburban Residential.  The new plan will have 113 acres of land assigned to Suburban Residential.  The current plan has 69 acres set aside for commercial.  The proposed plan will have 69 acres of commercial. 

 

During the various discussions, we have heard about the maximum amount of square footage that could be developed on the 69 acres of property.  As we know, there is absolutely no way that the development community could max out the commercial square footage.  Comprehensive Plans have to compute the maximums based upon the theoretical maximum.  In order to address that situation, the developer has agreed to limit the amount of commercial square footage to 650,000 square feet.  Be aware that commercial land use classification for commercial does not mean retail.  The commercial designation includes our office designations as well.  When staff began working with the developer, we were aware of the Council direction to not lose property that was designated for job creation. The City Council has always viewed Stanaki as a mixed used development that contained a variety of areas for residential and commercial uses.  The location of the commercial designation toward Pioneer Trail is consistent with the way Stanaki was originally developed with the commercial being located at a transportation node of South Williamson and I-95.  What is being proposed as part of the Comprehensive Plan is moving it to another transportation node, Pioneer Trail and South Williamson.

 

What is before the City Council on Tuesday night is not an amendment to the PUD agreement.  What is before the City Council is a Comprehensive Plan amendment.  The site plan is not before the City Council.  That is an entirely different review process and would occur at a later date.  What is before the City Council is not a discussion about a specific user but rather is a discussion about appropriate Comprehensive Plan land use designations.  I would encourage the City Council to focus on the Comprehensive Plan proposal and the policies that are part of the amendment package. 

 

In 1998, the City of Port Orange updated its Comprehensive Plan.  In that document, the City stated it anticipated that the sub-regional commercial node that is currently designated on the City’s Future Land Use map would be relocated south because of the decision not to construct the interchange at the point where South Williamson Boulevard crossed Interstate 95.  The City’s Comprehensive Plan anticipated adjusting the location of the commercial land to the south.  What is before the City Council is the implementation of what was anticipated in 1998 when the Evaluation Appraisal Report was adopted and the Comprehensive Plan was amended.

 

At the joint meeting in New Smyrna Beach, Wayne Clark demonstrated that the City’s proposed Plan amendment was not in conflict or inconsistent with the Comprehensive Plan of the City of New Smyrna Beach nor does it violate the standards established in the New Smyrna Beach Comprehensive Plan.  Also, he showed that the Plan as prepared by ICI was consistent with good planning principles and did not violate the standards outlined in the Port Orange plan.

 

G.                UTILITIES

 

Item 18 -        Resolution No. 09-19 - Federal Wetland Mitigation Bank Conservation Easement to Florida Department of Environmental Protection with Regulation Rights to the United States Army Corps of Engineers

 

In January 2004, the City of Port Orange established a “State” wetland mitigation bank with the St. Johns River Water Management District (SJRWMD).  In order to establish the bank, the City was required to dedicate a conservation easement to the SJRWMD covering 2500+ acres of central wellfield property holdings. 

 

Since that time, the City sought to establish a companion “Federal” wetland mitigation bank.  In December of 2007 the City Council adopted Resolution No. 07-126 approving the Mitigation Bank Instrument (MBI), a plan of action required to allow the City to implement a “Federal” bank.  Federal banks are administered by the Florida Department of Environmental Protection (FDEP) on behalf of the United States Army Corps of Engineers (USACOE).

 

The attached conservation easement document represents a second layer of easement encumbrance over 2,563 acres of land within the city-owned wellfields, described as Phase 1 in the MBI plan. The easement is intended to subject the land to the jurisdiction of FDEP for preservation in a natural condition suitable for habitat by fish, wildlife and plants.  Restorative activities to enhance the land are required to be conducted by or on behalf of the City in accordance with permit approvals by the USACOE.  

 

The Office of General Counsel of the USACOE has reviewed and approved the conservation easement document, subject to issuance of a title policy insuring the easement estate to be conveyed to FDEP.  City staff has provided to USACOE a commitment for the required title insurance policy.  The easement estate has been appraised for fair market value and the requested title policy is ready for issuance, contingent upon the USACOE acceptance of the policy.

 

City staff and our Forestry Management consultant, CPH, have reviewed all documents and recommend approval of the conservation easement. 

 

Staff recommends that Council approve the attached resolution authorizing the establishment of a conservation easement in favor of the Florida Department of Environmental Protection subject to and contingent upon acceptance by the General Counsel of the United States Army Corps of Engineers of title insurance for the easement estate, and to authorize the Mayor and City Manager to execute all related documents as necessary to enable the establishment, operation, use and sale of Federal Wetland Mitigation Credits, as prescribed in the Mitigation Bank Instrument previously approved by Resolution No. 07-126.

 

City Manager’s Comments:  The City of Port Orange has been attempting to obtain our Corps of Engineers permit for a federal wetland mitigation bank for several years.  Margaret has worked extremely hard with the Corps’ legal staff to achieve the approval of the mitigation bank.  Therefore, we are recommending approval of the conservation easement.

 

 

H.                 COUNCIL COMMENTS

 

Item 19 -        Comments/Concerns from Council Members

 

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

 

 

 

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