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 17, 2009
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL RECOGNITION AND PROCLAMATIONS
Mayor Green recently attended a presentation by the Bel Canto Singers. Mayor Green asked the group to attend the Council Meeting so the group could be introduced.
C. CITIZEN PARTICIPATION (Agenda)
Pavlina Osta is a fifth grade student at Sweetwater Elementary and would like to address Council to request that the City of Port Orange adopt a mandatory spay/neuter ordinance.
A representative of the Port Orange/South Daytona Chamber of Commerce will make the quarterly report to Council at this time.
D. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
E. CONSENT AGENDA
The landscape maintenance contracts are due to expire on March 31, 2009. All three vendors, Glenco Lawns Inc., Tuff Turf, and Tif-Jen, Inc., are willing to renew without any increase in price. The spreadsheets attached provide areas maintained (by vendor), maintenance performed, and cost of each. Total annual cost to renew all three contracts will not exceed $804,186.06.
Staff recommends Council approval to renew the landscape maintenance contracts with Glencoe Lawns, Inc., at a total annual cost of $87,041.15; Tuff Turf at a total annual cost of $149,688.14; and Tif-Jen, Inc., at a total annual cost of $567,456.77; for a combined total annual cost of $804,186.06.
The lake contract (Bid No. 07-08) is due to renew on May 1, 2009. As with most maintenance contracts, this contract does allow for an annual CPI rate increase; however, when computed (see sheet attached), the rate is a negative .08%. The contract does not address “negative” CPI rates and Aquatic Weed Technology is willing to renew without any increase in price.
In 2007 when Council awarded the lake bid, All American Aquatics (now Aquatic Weed Technology) bid was $8,300 lower than second low bid and $10,000 lower than the previous year’s contract (under a different vendor). Staff is satisfied with Aquatic Weed’s performance and recommends the agreement be extended another term. Total annual cost will not exceed $41,547.42 and the spreadsheet attached provides a list of all areas and maintenance cost associated with each.
Staff recommends approval to renew the lake contract with Aquatic Weed Technology for a total annual cost not to exceed $41,547.42.
ICMA Retirement Corporation has offered to the City of
Staff recommends Council approval to provide employees better options for retirement savings during an economically difficult market.
Attached are the reports from Community Development. Staff recommends acceptance of the reports.
The attached resolution appropriates budget for the engineering evaluations for several roof and renovation projects. Staff recommends approval.
G. COMMUNITY DEELOPMENT
Staff recommends approval.
This is a request to approve an amendment to the Future Land Use (FLU) of the subject property to Office/Residential Transition. On October 21, 2008, the City Council adopted Ordinance No. 2008-19. The Office/Residential Transition FLU category allows some residential as part of a mixed-used development at a density of 16 units/acre, which is above the 10 units/acre density threshold for a small-scale land use amendment per Florida Statues. Although the Department of Community Affairs (DCA) had accepted the use of this FLU category with small-scale land use amendments in the past, DCA returned the amendment and requested that the City repeal Ordinance 2008-19 and reprocess the amendment either as a large-scale amendment or as a small-scale using the Warehouse/Industrial FLU category. Staff discussed this with DCA and the applicant and the applicant re-applied for an amendment under the Warehouse/Industrial FLU category. Before the new amendment can be adopted, the original ordinance must be repealed.
Planning Commission Recommendation: The Planning Commission recommends approval.
Recommendation: Staff recommends that Council repeal
Ordinance 2008-19 that amended the Future Land Use Map of the City of
This is a request to amend the Future Land Use Map of the
City of Port Orange Comprehensive Plan-Update ’98. This map amendment is to change the future
land use designation of approximately 9.9 acres, located at
At its February 26, 2009 meeting, the Planning Commission
recommended approval, 7-0, of an amendment to the Future Land Use Map of the
Staff recommends that Council approve the attached ordinance
amending the Future Land Use Map of the City of
City Manager’s Comments: I still have reservations about this Comprehensive Plan Amendment. This property has a long history. Under the current land use designation, there are appropriate land uses for property located within the flood plain. The last time this project was considered by the City Council, the applicant’s attorney discussed other areas that were in the flood plain. The difference is that many of those areas were already developed. What is being asked is to allow a more intense development on this property than is currently allowed by existing rules and regulations. The property owner acquired the property with full knowledge of permitted uses. The original developer of the golf center and driving range fully understands the restrictions. He has acknowledged that he developed the golf center and driving range on this property because of the limitation of the property being in the flood plain.
Although the City Council has already approved this once,
this is an opportunity for the City Council to review whether comprehensive
planning this parcel of land to warehouse/industrial is appropriate. I recommended the first time this item was
before the City Council on first reading that the Council not approve the
change in land use. As much as I would
like to have the tax base created by the proposed project, in my opinion, this
parcel of property has appropriate land use, conservation, and is properly zoned. Therefore, I will once again offer my
recommendation to not approve the amendment to the City’s Comprehensive Plan
H. PUBLIC WORKS
In 2000, Council determined sidewalks repairs, previously property owner responsibility, should be the financial responsibility of the City. The original ordinance addressing this issue, however, was never changed.
Since 2000, sidewalk repairs have cost the City approximately $765,631 (approximately $100,000 per year). Staff requests Council reconsider their decision and revert back to the original ordinance that places the financial responsibility on the property owners adjacent to the sidewalk. This would save the City a considerable amount of money. The ordinance addressing sidewalk construction and repair is attached for your review.
Staff recommends Council reverse their decision making the city responsible for sidewalk repairs and that all sidewalk maintenance and repairs be the responsibility of the adjacent property owners as addressed in Section 58-3 of the Code of Ordinances.
City Manager’s Comments: Although the Ordinance is on the books, the process needs to be revalidated. If the City Council desires for us to go this direction, we will revalidate the process. The dollars that are being spent on sidewalks are dollars taken away from street maintenance and resurfacing.
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
Funds are available in Account No. 317-1000-580-63-97, Project No. AIO010
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.
Attached is a letter from
Comments: The spay and neuter ordinance may
not be a bad idea. Note that the City of
J. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.