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 24, 2009

 

Date:               March 16, 2009

 

 

 

A.        OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.                 SPECIAL REPORT

 

Item 4 -           Report from KemperSports Management

 

A representative of KemperSports will make a report to Council regarding Cypress Head Golf Course at this time.

 

 

C.                SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 5 -           Citizen Recognition

 

Ms. Berard is the Community Involvement Coordinator at the Port Orange Super WalMart.  Over the years, she has given back to the community in a number of ways.  In her position, she has consistently been an advocate of local public safety programs; each year, WalMart donates monies to Port Orange Fire-Rescue and Port Orange Police Department in support of such programs.  Her commitment to the people around her extends beyond her workday into every aspect of her life.  At this time, Ms. Berard will be recognized.

 

Item 6 -           Recognition of Silver Sands Students

 

Students from Silver Sands Middle School drama program recently participated in the State Thespian Contest in Plantation, Florida.  At this time, Council would like to recognize the students.

 

D.                CITIZEN PARTICIPATION (Agenda)

 

Item 7 -           Presentation from the Department of Financial Services – Randell Brown

 

Randell Brown from the Department of Financial Services would like to address Council to discuss the State Department of Financial Services programs.  During the 2004 storm period, they worked with the City related to insurance complaints.

 

Item 8 -           Request from AMVETS Post 911 of Port Orange, City to Co-Sponsor Third Annual Patriot’s Day Freedom Walk

 

Parks & Recreation received a request from AMVETS Post 911 of Port Orange to waive the fees for use of City Center for a walk and the Amphitheater for a concert of patriotic music by local groups.  The event would be held Friday, September 11, 2009.   Attached is an event cost estimate for the use of City Center and the Amphitheater totaling $534.00.

 

Staff recommends charging the AMVETS Post 911 of Port Orange the $534 fee for the use of the area requested to hold their event.

 

City Manager’s Comments:  In the past, community members have contributed the funds needed for AMVETS to hold this event at Port Orange City Center.

 

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

F.                 CONSENT AGENDA

 

Item 9 -           Project Managers’ Report

 

Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.

 

 

Item 10 -        Fire Prevention and Safety Grant

 

Port Orange Fire & Rescue’s Public Education office would like to submit for a grant to offer CPR classes to all middle school students in Port Orange.  The grant would provide for enough manikins, course manuals, supplies and instructor time to reach a target audience of 2,600 students within the first year.  This Federal grant requires an 80/20 split.  The Federal share would cover $24,467, and the City would be responsible for $6,117.  City match would be funded from the Fire Program (609 fund).

 

Staff recommends that Council approve submittal of the Fire Prevention & Safety Grant to FEMA in the amount of $30,584.

 

City Manager’s Comments:  These funds would be provided from the proceeds of the flu shots and program income that comes into the Fire Department over the year.

 

Item 11 -        Amendment No. 3 to Bellomo-Herbert and company’s Contract for Various Engineering and Landscaping Services for the Coraci Park Project

 

Amendment No. 3 to the Bellomo-Herbert and Company’s contract with the City for the development of Coraci Park is being requested for modification of the preliminary design development, construction documents, bidding and construction observation for the concession building with restrooms and a revision of a stairway up to the press box in the amount of $31,500.  Funding for this project is available in Account No. 611 5100 572 6397, QPC 024.

 

Staff recommends that Council approve the requested Amendment No. 3 to Bellomo-Herbert and Company’s contract for the Coraci Park Project for modification of preliminary design development, construction documents, bidding and construction observation for the concession building with restrooms and revision of a stairway up to the press box in the amount of $31,500 and to authorize the Mayor and City Manager to execute all necessary contracts.

 

City Manager’s Comments:  The City is required to construct the restrooms, press box, and concession building at the Coraci Road Park.  It was removed from the project last year when Phase 1 was constructed.  However, it is a condition of the City’s ECHO grant that the City received that Phase 1 be constructed.

 

  

Item 12 -        Request Authorization to Execute SHIP Program Down Payment Assistance Loan for Milad Ibrahim

 

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. Ibrahim has been approved for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, Milad has 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.

 

City Manager’s Comments:  Mr. Ibrahim has met the requirements established by the State of Florida related to receiving down payment assistance from the SHIP funds.  The City of Port Orange is the administrative official for this program.  The City does not set the eligibility rules or criteria for the program.  The funds are directly funded by the State of Florida.  At the last City Council Meeting, Mayor Green asked for certain information to be included in the packet.  That information is included. 

 

Item 13 -        Request Authorization to Execute SHIP Program Down Payment Assistance Loan for Connie Dailey

 

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. 

 

Ms. Dailey has been approved for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, Connie has 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.

 

 

City Manager’s Comments:  Ms. Dailey has met the requirements of the State Housing Initiative Program and has been approved by Mid-Florida Housing Partnership as meeting the criteria established by the State of Florida for the SHIP program.  At the last City Council Meeting, Mayor Green asked for certain information to be included in the packet.  That information is included.

 

Item 14 -        Acknowledgment of the SHIP Incentive Review and Recommendation Report

 

Effective February 21, 2008, Florida statute 420.9076 and Florida Administrative Code 67-37.010 require that all SHIP entitlement communities reconvene their Affordable Housing Advisory Committees to review eleven housing incentives for possible adoption and implementation.

 

On January 28, 2009, the City of Port Orange’s Affordable Housing Advisory Committee met and reviewed the eleven housing incentives.  Staff prepared a recommendation report and the Committee met again on February 25, 2009 to conduct a public hearing to collect additional citizen comments. The Committee officially adopted the final report and requested that it be presented to City Council for its review.

 

The report identifies only three housing incentives for adoption, of which all have previously been adopted by the City Council and are currently being implemented.  These previously adopted incentives include: 1) A process of expediting permitting for affordable housing to a greater degree than other permits; 2) a process of analyzing, before adoption, policies, procedures, ordinances and resolutions that may affect affordable housing development; and 3) creation of a printed inventory of public lands that may be suitable for affordable housing development.

 

State statute does not require official action regarding the report other than acknowledgement of its submission by the Committee to the City Council for its review and consideration. 

 

Staff recommends Council Acknowledgement of SHIP Incentive Review and Recommendation Report.

 

 

Item 15 -        Validation of Purchase Order Issued to J. D. Weber Construction Company for Sewer Line Repair – Crane Lakes/Royal Palm

 

 

The City of Port Orange field operations crew has recently been made aware via their field investigation efforts that a significant sanitary sewer pipe failure has occurred near the boundary of Crane Lakes and Royal Palm.  Crews have been called out several times over the past few months to respond to sewer back-up concerns. The main trunkline sewer that connects a significant portion of Royal Palm to Crane Lakes currently holds 6” to 8” of water due to a significant dip in the line.  This dip has been televised by our city field crews and reviewed by Public Utility Engineering and Administrative staff. The sewer line in this area is actually quite deep and is in close proximity to existing homes.  Fortunately we have been able to maintain flow via weekly pumping out and cleaning of this segment of sewer pipe up until now.  Without corrective action being performed in a timely manner the situation could very well worsen and become a major problem.

           

J.D. Webber, a local utility company presently under contract with us performing this type of deep gravity sewer work was contacted. We went over with them all of the specific work items, pipeline video tapes, and the immediate work area constraints.  A cost proposal was then requested and provided as their best estimate of costs utilizing applicable unit prices based on our existing project with them. We then confirmed that all remaining unit prices were in line with current industry standards. Public Utilities staff recommended to the City Manger in the interest of time and possible future damage to our utility system that J. D. Webber, be hired to accomplish the necessary repairs immediately utilizing this price quotation as a basis for their work. With the City Manager’s authorization a proposal was requested and a subsequent purchase order was then issued in the amount of $35,300 for the replacement of the sanitary sewer pipe and misc. related construction items.  Funds were identified as being available in the Sewer System Rehabilitation, CIP #URH001.   The City Manager has now authorized this construction to commence, which is now being submitted to the Council for validation at this time.

 

Staff recommends that Council approve the waiver of bidding procedures and validate the issuance of a sole-source purchase order issued to J.D. Weber Construction in the amount of $35,300 for the removal, replacement, and repair of approximately 90 linear feet of gravity sanitary sewer line, approximately 15.0’ in depth. 

 

  

City Manager’s Comments:  Last week, I sent you notice that we had a problem with a sewer main located between Crane Lakes and Royal Palm.  I authorized the Utilities Department to make the repairs on this line.  Because the work exceeded the $25,000 threshold established in the City’s Purchasing Policy, I am required to bring this forward for formal City Council validation of the Purchase Order.

 

Item 16 -        Bus Bench Advertising Proposal

 

The City requested proposals from qualified professional firms interested in providing bus bench design, installation, removal, maintenance and advertising at specified locations throughout the City.  Proposals were received from two firms. A selection committee including Vice-Mayor Mary Martin, Assistant City Manager Shannon Lewis, Assistant to the City Manager Donna Steinebach and Principal Planner Tim Burman reviewed and ranked each proposal.  Proposals were ranked according to revenue potential to the City, qualifications and design.

 

The selection committee ranked the firms as follows:

 

1.      Waverly Media, LLC

2.      Martin Southeast Media, LLC

 

A bid protest hearing was held on February 27, 2009.  The protest was filed based on an employee being named as a reference by Waverly Media.  At the hearing, it was determined that it was the intent of Waverly Media to list contacts with those who they had contracts. It was not intended as a listing of references.  It was determined that the bid protest was upheld.

 

Staff requests authorization to enter into contract negotiations with Waverly Media, LLC as the highest ranked firm, conditioned upon use of recycled plastic benches applying the same revenue-generating formula as indicated in their proposal.

 

Staff recommends that Council approve the final ranking of firms responding to RFP #09-03 as presented, and to authorize staff to enter into contract negotiations with Waverly Media, LLC.

 

City Manager’s Comments:  I conducted a Protest Hearing related to the proposals.  It was determined that Waverly Media, LLC met the criteria for award of the bench contract.  Therefore, I am recommending the award of the bench contract to Waverly Media, LLC.

 

 

Item 17 -        Purchase of Two (2) New Pumper/Engines

 

The Fire Department is requesting to purchase two new Pumper/Engines.  This would allow us to place the two oldest units in reserve status giving us two back-up units.  The two oldest units are both Pierce units, a 1995 and a 1998.  Currently, we only have one back-up unit; and it is a 1992 E-One.  This unit would be used as a trade in.  One new unit is budgeted in the fleet replacement budget for this year ($400,000).  The second unit would be purchased using impact fees for Station 75.  The new units would be a “greener” more eco-friendly style apparatus.  They would have a CAF (compressed air foam) system installed.  This system uses less water to extinguish fires and causes less water damage to properties.  The cost of these units also includes all equipment needed to operate the units, including hose, ladders, hand tools, etc.  The acquisition of the second unit is contingent upon Budget Appropriations scheduled for March 24, 2009.

 

Staff recommends that Council approve the purchase of two new pumper/engines to replace the two oldest units.  The cost of one pumper/engine shall not exceed $417,000, and the other unit shall not exceed $400,000.  This purchase will be through piggy-backing of the Lake County contract.

 

City Manager’s Comments:  The Fire Department has worked with Vehicle Maintenance in reviewing the specifications for the new Fire Engines.  The Vehicle Maintenance Division is concerned about how they will maintain the vehicle.  They have paid particular attention to the engine and how it is accessed, the braking system, the pumps and access for maintenance, the hydraulic systems, transmission, and how the truck itself is made.  Vehicle Maintenance is concerned about projected life of the vehicle as it moves from first run to reserve status.  They are concerned about the overall maintenance cost of the vehicle over its lifetime.  Finally, they are concerned with the trade-in value or auction value at the end of its life.  All of these components are taken into consideration by Vehicle Maintenance when making a recommendation.  The Fire Department reviews the specifications for operational components, compliance with NFPA standards, storage compartments on the vehicle, and how those compartments will be used over the life of the vehicle.  They look at the pump panel configuration to make sure that it meets their operational needs.  Like Vehicle Maintenance, they look at the entire mechanical system from a safety standpoint. 

   

There are some features now required by NFPA standards that were not required when we last purchased an engine.  Those features are now standard on the pumper unit.  The City did specify a Cummins engine because it is compatible with the breaking system that is desired on the unit.  Vehicle Maintenance made a recommendation that the unit be equipped with a “jake” brake type system.  They have found that it provides for less wear on the braking system.  Because we have specified a Cummins engine, we have specified a compatible transmission system.

 

The Department is recommending that the engine be purchased fully equipped with hoses, ladders, and hand tools, etc.  The one feature that we have included on this piece of equipment is the Compressed Air Foam System.  This is different from our current units but, in the long term, will allow the Fire Department to use less water and causes less water damage.

 

The first unit was programmed as part of the City’s capital budget.  The funds are in the Fleet Finance Fund for that vehicle.  When the City’s Fire Impact Fee was adopted by the City Council, the funding for the second unit was included in that fund.  The City Council would be appropriating the funds for that unit out of Fire Impact Fees.  Funds are available to purchase the unit from Fire Impact Funds.  There is $412,000 in the Fire Impact Fee account.

 

If you have questions, please contact Chief Weber, Chief Burgman, Warren Pike or Mike Koch. 

 

Item 18 -        Amendment No. 3 to Kimley-Horn & Associates, Inc., for Port Orange Business Park Stormwater Master Plan and Permitting

 

Kimley-Horn & Associates, Inc., is currently under contract to perform engineering services related to the Port Orange Business Park.  Because of the purchase and sale agreement with V&P Property Group, LLC for Raydon’s new headquarters, it is necessary to modify the master stormwater plan and permits for the City’s remaining property.  The attached addendum represents the services required, including coordination, drainage design analysis, drainage, grading site, and master plan modifications, and is in a lump sum amount of $6,920.  Funds are available in 415-1800-541-6397, AIO006.

 

Staff recommends that Council approve Addendum No. 3 to the agreement with Kimley-Horn & Associates, Inc., dated March 21, 2006, for revisions to the stormwater master plan and permits for the Port Orange Business Park in the amount of $24,010 and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.

 

 

Item 19 -        Request Approval to Submit Projects for MPO 2009 Transportation Improvement Priority List

 

Staff requests that the City Council approve and authorize submittal of applications for projects to be placed on the MPO project priority list.  The projects identified in Attachment “A” consist of road intersection (traffic operation) improvements and bicycle/pedestrian facility improvements.  The projects require a 25 percent local government match to assist in funding the improvements.  The local match required for all projects on the list totals $268,101 for the estimated $1,072,402 in improvements.

 

Staff recommends that Council approve and authorize the City staff to submit applications for the 2009 Priority Project requests for transportation improvements to the Volusia Metropolitan Planning organization (MPO).

 

Item 20 -        Coraci Sports Park - Change Order No. 5

 

This change order includes five separate items of work required to complete this project.

 

 1.        Crossroads Site Development expenses incurred as a result of the failure of the City’s contractor to deliver fill to site in accordance with the contract, $60,220.00.

 2.        Construction of swales and additional grading required by City to improve access roadway drainage, $1,679.00.

3.         Additional survey required to locate field lighting that was not included in the lighting contractor’s contract, $412.50. 

4.        Bermuda sod for the ball fields over and above the originally estimated amount, $2,113.59.

5.        Jim’s Electric additional cost for installation of conduit for future electric service runs, $3,305.00.

          

Funding is from account #611-5100-572-6397, Project:  QPC 024

 

Staff recommends that Council approve Change Order #5 to Saboungi Construction in the amount of $67,730.09 to settle subcontractors fill delivery claim and costs for other additional work required to complete the project.

 

City Manager’s Comments:  We have completed an analysis of the delay claim.  We have found certain items are justifiable.  We are bringing those forward to the City Council for approval.  There are others that are still outstanding from the General Contractor.  We have requested additional material related to his request for additional compensation because of delay.  When the backup materials are submitted to the City to substantiate the claim, we will bring forward an additional change order.  This addresses the claim that the owner of Crossroads brought to the City Council a few weeks ago.  The majority of the claim relates to the delay caused by the dirt not being on site.  You have seen the letter that I have sent to the dirt hauling contractor related to the delay claim.  Also, you have seen an offer from the dirt hauling contractor related to settling the delay claim.  We have not reached agreement with the company related to their failure to deliver the dirt in a timely manner.  The City was to provide the dirt from our stock pile of materials.  What is not in dispute is that the contractor was notified verbally that a potential delay claim was pending if he did not meet the delivery schedule.  However, it was not placed in writing.  We have worked with the dirt hauling contractor for years and have a good working relationship with the company.  They always responded to our calls in a positive way without having to resort to writing.  I have asked for a meeting with the President of the company.  Nevertheless, the General Contractor is due additional monies due to the delay.

 

Item 21 -        Approve Purchase of ZIMEK System

 

The Fire Department is requesting to purchase a ZIMEK Decontamination System that will be utilized to treat rooms and vehicles that have been potentially contaminated with bacteria and viruses.  This system will decontaminate City vehicles and buildings to defend from a potential pandemic event.  The system will be offered to the community through a business plan that would re-coup the cost of the program.  It is not intended to be utilized for the removal of toxic mold but for the removal of bacteria and viruses.  This device is part of the Department of Homeland Security authorized equipment for use by governmental agencies to prepare for a biological/pandemic event.  This expense is funded through a budget carry over from FY08.

 

Staff recommends that Council approve the sole source purchase of the ZIMEK Decontamination System from the Safe Air Corporation in the amount of $55,000.87.

 

City Manager’s Comments:  The City had a need for the ZIMEK system last week.  What would have normally required us to spend a large amount of time cleaning was able to be handled in a very short period of time without disrupting business.

 

A few weeks ago, we tested the Public Utilities vehicle assigned to the Lift Station Mechanics.  The results of the pre-test as well as the post test are available for your review.  If you have questions, please contact Chief Weber or Chief Rafferty.  They will be most happy to discuss the results with you.

 

 

G.                FINANCE

 

Item 22 -        Resolution No. 09-21 - Budget Appropriations

 

The attached resolution reduces budget appropriations for energy reserves, Solid Waste contract changes, and the elimination of one staff position.  In addition, the resolution appropriates budget funds for a Police equipment grant, for the purchase of a Fire pumper, and furniture and fixtures for the new Fire stations.  Staff recommends approval.

 

Item 23 -        Monthly Financial Report

 

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

 

 

H.                 COMMUNITY DEVELOPMENT

 

Item 24 -        First Reading  - Ordinance No. 2009-4 - Repeal Ordinance No. 2008-19 – Small Scale Future Land Use Amendment – Summit Golf Center (Continued to Date Certain of March 24, 2009)

 

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.

 

Staff Recommendation:   Staff recommends that Council repeal Ordinance 2008-19 that amended the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98 for approximately 9.9 acres of property located at 4116 S. Nova Road, from Conservation to Office/Residential Transition.

 

Second Reading:   April 28, 2009

 

Item 25 -        First Reading- Ordinance No. 2009-5  - Small-Scale Future Land Use Amendment – Summit Golf Center (Continued to Date Certain of March 24, 2009)

 

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 4116 S. Nova Road, from Conservation to Warehouse/Industrial. If approved, the owner intends to develop the property with office/warehouse uses.  Please find the staff report attached.

 

At its February 26, 2009 meeting, the Planning Commission recommended approval, 7-0, of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98.

 

Staff recommends that Council approve the attached ordinance amending the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98 for approximately 9.9 acres of property located at 4116 S. Nova Road, from Conservation to Warehouse/Industrial, as recommended by the Planning Commission.

 

Second Reading:   Please note that second reading of the ordinance will be scheduled upon receipt of the Volusia Growth Management Commission (VGMC) certification.

 

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 for the Summit Golf Center.

 

Item 26 -        First Reading – Ordinance No. 2009-6  - Small Scale Land Use Amendment – 90 Dunlawton

 

This is a request to approve an amendment to 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 90 Dunlawton Ave., from Urban Low Density Residential (4 – 8 units/acre) to Commercial. If approved, the owner intends to rezone the property to Planned Commercial Development (PCD) and develop it with a resort hotel, restaurant, and marina (See Staff report for Case No. 08-65000002).  Please find the staff report for the proposed Future Land Use Map amendment attached.

 

Planning Commission Recommendation:      At its February 26, 2009 meeting, the Planning Commission recommended approval, 6-1 (Commissioner Arminio dissenting), of an amendment to 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 90 Dunlawton Avenue from Urban Low Density Residential (4 – 8 units/acre) to Commercial. If approved, the owner intends to rezone the property to Planned Commercial Development (PCD) and develop it with a resort hotel, restaurant, and marina (See Staff report for Case No. 08-65000002).  Please find the staff report for the proposed Future Land Use Map amendment attached.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   Please note that second reading of the ordinance will be scheduled upon receipt of the Volusia Growth Management Commission (VGMC) certification.         

 

Item 27 -        First Reading – Ordinance No. 2009-7 - Rezoning and Approving a Master Development Agreement & Conceptual Development Plan – 90 Dunlawton Planned Commercial Development

 

This is a request to rezone approximately +/- 13.6 acres located at 90 Dunlawton Avenue from “CC” (Community Commercial) and “RMH” (Residential Mobile Home) to “PCD” (Planned Commercial Development). 

 

If the request is approved, the PCD will provide the regulatory framework for the development of a 264-unit resort hotel with ancillary uses, 70-slip public marina, 6,000 SF sit-down restaurant, 2,500 SF retail/office space, and stormwater and infrastructure improvements. Please see the attached staff report for more information regarding the proposed PCD.  The staff recommendation is approval, subject to the following:

 

·     Approval of the three policy considerations as defined in the MDA;

·     Resolution of the remaining outstanding technical comments on the CDP and the MDA prior to 2nd reading of the ordinance;

·     Approval of the applicant’s Mobile Home Assessment Study prior to 2nd reading of the ordinance; and

·     Approval of the Future Land Use Amendment (Case # 08-20000001), by the Volusia Growth Management Commission (VGMC), prior to 2nd reading of the ordinance.

  

Planning Commission Action:   The motion to approve was denied, 5-2, [Commissioners Arminio, Barker, Booth, Green, and McMasters, voting no]

 

Staff Recommendation:   Staff recommends that Council deny the attached ordinance rezoning and approving the Master Development Agreement and the Conceptual Development Plan dated, February 20, 2009, for the 90 Dunlawton Planned Commercial Development (PCD).

 

Second Reading:   Please note that second reading of the ordinance will be scheduled after Ordinance No. 2009-6 certification is received from the Volusia Growth Management Commission (VGMC).        

 

City Manager’s Comments:  Please note that the change in the land use does not necessarily bind the property owner to the PCD unless they are linked together in some fashion.  It is entirely possible that the project could be designated as commercial and the property owner decide not to move forward with the PCD.  That is a concern.  Be sure there is an understanding about exactly what is granted to the property owner with the Comprehensive Plan change and what the consequences are for making that change should the owner not follow through with the PCD. 

 

When the project was moving forward, we saw the pictures of what it would look like from various views.  What I asked Donna to do was to put together a presentation using Google earth and some modeling to show the mass in relationship to various points along Halifax Drive, north and south of the Dunlawton Bridge from the Admiralty Club so that the City Council would know what to expect should the property be developed in this fashion.  I think it is important that the City Council have all the information possible before making a decision.

 

I am concerned about language that is not included in the PCD agreement related to prohibition of time shares. The Condo-Hotel is a popular method of financing hotel projects.  At the CRA, there was concern voiced about the condo concept. 

 

I was invited to Seabird Island this past Sunday afternoon.  I arrived at 4:00 p.m.  I met with some of the residents who were concerned whether the City was aware of the traffic issues on Dunlawton on a Saturday and Sunday afternoon.  Traffic was backed up almost to Peninsula at 4 p.m. on Sunday afternoon.  When I left at 4:30 p.m., it was still backed up.  It took me four light changes to get through the intersection of Dunlawton and U.S. 1.  The residents were concerned that allowing commercial land use on Seabird Island would increase the traffic flow on Dunlawton Avenue. 

 

Finally, the residents voiced a concern about their investment on Seabird Island.  The ones that I met with are long-term residents.  They predate the current manager of Seabird Island.  Although that is not an issue that can be addressed by the City Council, it continues to be a major concern of the residents.  They stated that it is nearly impossible for them to move the units.  Even if they could, most parks would not accept them because of the age of their units.  They had other concerns about the park but, again, those are issues that can only be handled by the park owners since they are not violating any City Ordinances.

 

           

I.                     PUBLIC UTILITIES

 

Item 28 -        Resolution No. 09-22 - 50 Year Renewal of Florida Submerged Lands Easement

 

The City has a 36-inch effluent wastewater main and a 16-inch potable water main crossing the Halifax River serving customers from Daytona Beach Shores to Ponce Inlet.  The two pipelines have been allowed within the sovereign waters pursuant to a 20-year submerged land easement that will expire on June 1, 2009. 

           

The Florida Department of Environmental Protection has inspected the site and approved the renewal; and, upon review by the Attorney General’s Office, the easement term has been modified to 50 years.  The attached easement renewal document was prepared by the FDEP Public Land Administration – Submerged Lands Section and approved by the Attorney General’s Office.  The document was transmitted to the City with direction to have it executed by the Mayor and returned for execution on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.

              

City staff has reviewed the renewal document and recommends approval. 

 

Staff recommends that Council approve the attached resolution accepting the terms of the Sovereignty Submerged Lands Easement Renewal and Modification to Extend Term to Fifty Years and authorizing the Mayor to execute the easement renewal instrument.

 

J.                  PUBLIC SAFETY

 

Item 29 -        Resolution No. 09-23 - Mutual Aid Agreement with Volusia County Regarding Poly-Drug Task Force

 

The Florida Department of Law Enforcement has established a multi-agency Drug Task Force.  The Volusia County Sheriff’s Office and various municipalities in Volusia County, including the City of Port Orange, desire to continue participation in the Volusia County Poly-Drug Task Force Mutual Aid Agreement for the purpose of providing law enforcement assistance investigating racketeering, drug law violations, organized crime, related criminal violations, and to disrupt organizations engaging in such activity.  The current Mutual Aid Agreement expires on March 31, 2009.  A copy of the new agreement is attached which extends participation until March 31, 2013.

 

Staff recommends Council approval of the attached resolution authorizing participation in the Volusia County Poly-Drug Task Force Mutual Aid Agreement.

 

 

K.                 ADMINISTRATION

 

Item 30 -        Resolution No. 09-24 - Ponce de Leon Inlet & Port District Grant (Russell Canoe Launch Construction – Phase 2)

 

Through its Coastal Partnership Program the Ponce de Leon Inlet and Port District funds projects that support waterway access and recreational pursuits.  Port Orange plans to submit an application to the district to fund the construction of the canoe launch facilities and ADA ramp system at the Russell property to provide public access to Spruce Creek, an Outstanding Florida Water and State Canoe Trail.  

 

Currently, there is limited public access to the creek west of Interstate 95. This facility will be the second of a Blue Way Trail the City and the County are partnering own. 

 

The City is requesting $100,000.00 from the Port District JJP program and matches the request with $100,000.00 in cash.   The City is also seeking funds from the Florida Inland Navigation District to offset the match.

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the Ponce de Leon Inlet & Port District, Joint Participation program, provide a match, and authorize the Mayor and City Manager to execute any agreements or contracts.

 

 

Item 31 -        Resolution No. 09-25 - Florida Inland Navigation District (FIND) Grant (Russell Canoe Launch & Ramp Construction – Phase 2)

 

The City seeks assistance from the FIND grant program to construct a canoe launching facility and ADA walkway ramp at the Gamble property.  In 2006, FIND awarded a grant to fund the design and permitting of the launch and walkway. 

 

The construction costs associated with this project total $200,000.00.  The City is requesting $100,000.00 from the FIND program and matches the request with $100,000.00 in cash.

 

The City will also seek funding from the Volusia County Ponce de Leon Inlet & Port District Coastal Partnership Program to offset the match.

 

The FIND program specifically requires that Attachment E-6 and its related language be approved. 

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the Florida Inland Navigation District (FIND) grant program, provide a match, and authorize the Mayor and City Manager to execute any agreements or contracts.

 

 

L.                  COUNCIL COMMENTS

 

Item 32 -        Comments/Concerns from Council Members

 

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

 

Item 33 -        City Council Committee Reports

 

At this time, Council Members may discuss various committees to which they have been assigned.