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

                        April 28, 2009

 

Date:               April 20, 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.                CITIZEN PARTICIPATION

 

Item 5 -           Request from Jackie Lafrinere Regarding Water Bill

 

Attached is an email from Ms. Lafrinere.  Ms. Lafrinere requests to speak with Council regarding her water bill.

 

 

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

E.                 CONSENT AGENDA

 

Item 6 -           Project Managers’ Report

 

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

 

Item 7 -           Confirmation of Youth Advisory Board Member

 

There are four vacancies for Atlantic High School students on the Youth Advisory Board.  Allie Cadenhead, 11th grade, has made application to serve on the Board.  Miss Cadenhead meets the qualifications, and staff recommends her appointment to the Board.  

           

Staff recommends that Council confirm Allie Cadenhead as a Youth Advisory Board Member for 2008-2009.

 

Item 8 -           Edward Byrne Memorial Justice Assistance Grant

 

  

The Port Orange Police Department has been awarded grant funds from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Program in the amount of $26,633.00. These funds will be utilized to purchase law enforcement equipment to include equipment for the eleven additional police officer positions regarding the COPS grant application approval.   Equipment to be purchased from this grant includes firearms, tasers, less lethal equipment, etc.

 

Staff recommends that Council approve acceptance of grant funds from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program in the amount of $26,633.00 for the purchase of police officer equipment relating to the approval of the COPS grant application.

 

 

Item 9 -           Proposed Reduction in Amount of Performance Bond from HIB Development Company, Inc., for the Port Orange Landings, Phase II Subdivision

 

The Community Development Department has received a request submittal from Zev Cohen and Associates, Inc., the Engineer of Record, for the Port Orange Landings, Phase II Subdivision, proposing the deletion of a required improvement consisting of the installation of a four way stop sign and appropriate pavement markings at the intersection of Willow Run Boulevard and Hidden Lakes Drive.  An updated traffic study supporting this request has been provided as required per a City Council condition for a previously approved subdivision improvement agreement amendment.  The study has been reviewed and approved by the Department of Community Development.  The previously approved amendment also required a $674,651.00 performance bond from the developer, HBI Development Co., Inc.  The deletion of the intersection improvements requirement will revise that amount to be $669,767.00.  Staff recommends acceptance of the new bond amount.

 

Staff recommends that Council authorize acceptance of a performance bond from HBI Development Co., Inc., for the Port Orange Landings, Phase II Subdivision in the amount of $669,767.00.

 

Item 10 -        Proposed License Agreement – Portofino Townhomes Development – 5090 Riverside Drive

 

Andy Clark of Portofino Port Orange, LLC, the Developer of the Portofino Townhomes development, located at Riverside Drive and Katherine Street, has been working with the Department of Community Development to include traffic calming improvements with his Development. A traffic calming proposal, to construct decorative pavement crosswalks at the intersection of Riverside Drive and Katherine Street and also adjacent to the development  extending across Riverside Drive has been determined to be acceptable by the Department.  Since the improvements are to be constructed in a public right-of-way, the Department requires the approval and execution of a License Agreement. This agreement has the effect of requiring the Developer to maintain and, if necessary, replace these improvements with the accepted standard construction requirements of the City. Further, should the Developer fail to abide by this requirement, it provides the City with the ability to take necessary corrective actions at the expense of the Developer.

 

Staff recommends that Council approve and authorize the Mayor and City Manager to act on behalf of the City to execute a License Agreement for the Portofino Townhomes Development.

 

Item 11 -        License Agreement – Country Manor Assisted Living Facility – 1152 Old Hammock Road

 

As part of the site improvements for 1152 Old Hammock Road (Country Manor Assisted Living Facility), the developer, Country Manor Assisted Living and Retirement Home, LLC, has proposed to install landscaping, irrigation, and a monument sign within the Old Hammock Road right-of-way.  These improvements will be constructed within a landscape island located at the end of a cul-de-sac, which abuts the proposed development.  The proposed improvements have been determined to be acceptable by the Department.

 

Since the improvements are to be constructed in a public right-of-way, the Department requires the approval and execution of a License Agreement.  This agreement has the effect of requiring the Developer to maintain and, if necessary, replace these improvements with the accepted standard construction requirements of the City.  Further, should the Developer fail to abide by this requirement, it provides the City with the ability to take necessary corrective actions at the expense of the Developer.

 

Staff recommends that Council approve a License Agreement for the Country Manor Assisted Living Facility Development.

 

F.                 FINANCE

 

Item 12 -        Monthly Financial Report

 

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

 

G.                COMMUNITY DEVELOPMENT

 

Item 13 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 – Small Scale Future Land Use Amendment – Summit Golf Center

 

This item is still being reviewed by Staff.  This will be presented at a later date for second reading.  Staff recommends that this item be continued.

 

City Manager’s Comments:  The City Council voted to reconsider the Summitt Golf Center Ordinance.  The applicant had requested that the two Ordinances be considered at the same time.  Therefore, I recommend the City Council accept comments since the Ordinance has been advertised for second reading.  After that, the Ordinance can then be tabled.

 

 

Item 14 -        Resolution No. 09-29  - Proposed Easement Vacations – Ortega Commercial Subdivision, Lot 3 and Lot 4 (1625 Taylor Road)

 

The Community Development Department has received a request to vacate easements at the Ortega Commercial Subdivision. The easement areas consist of a portion of a platted Utility Easement located on Lot 3, a portion of a platted Drainage and Utility Easement located on Lot 3 and Lot 4, and a separately recorded utility easement on Lot 3 and Lot 4. Charles Wayne Properties, the agent for Walgreens, the present property owner, has made this request in connection with direction received from Walgreens to replace platted easements with modified specific purpose easements and to vacate the separately recorded utility easement since it has been replaced and is no longer necessary.

 

The easement vacation application and legal descriptions have been reviewed for completeness and accuracy. Franchise Utility Company release letters have been obtained for the areas described in the attached legal descriptions (Exhibit “A”). City departments have reviewed this request with respect to City Codes and possible effects to adjacent properties and have requested a separate specific drainage and sanitary sewer easement over a portion of Lot 3. The agent for the property owner has provided that easement.  The easement areas may be vacated to the extent that are not being used or have been replaced with specific purpose easements.

 

Staff recommends that Council approve the attached resolution vacating a portion of existing easements located on Lot 3 and Lot 4 of the Ortega Commercial Subdivision as specified per the attached legal descriptions (Exhibit “A”).

 

Item 15 -        Request Approval of Conditional Commitment for Funding to Nova Oaks Affordable Elderly Rental Housing Development

 

Nova Oaks is a proposed 72-unit affordable multi-family elderly rental housing development that will be located at Nova Road and Herbert Street.  The developer of this project intends to apply for Florida Housing Finance Corporation’s affordable housing tax credits to partially finance the development.  

 

A requirement of all tax credit applications is a local government contribution.  The minimum local government contribution for all municipalities within Volusia County is $150,000.00.

 

SHIP regulations restrict funding of any rental strategies to 25% of annual allocation.  Averaging $502,000 annually in SHIP allocation, the City would not be able to fund the $150,000 contribution from one single fiscal year of SHIP funding.  The City would need to commit funding in multiple years of SHIP in order to reach the $150,000 contribution.

 

This request is to conditionally commit multiple fiscal year funding to the Nova Oaks affordable housing project.  In an effort to protect the City’s interests, additional conditions would also be noted and are contained in the attached Staff Report.

 

Staff recommends Council approval of a conditional commitment of funding to Nova Oaks affordable elderly rental housing development.

 

 

H.                 ADMINISTRATION

 

Item 16 -        Resolution No. 09-30 - Florida League of Cities’ Program, “Building Citizenship in the Community:  Back to Basics”

 

The “Building Citizenship in the Community: Back to Basics” initiative of the Florida League of Cities is an educational effort to teach residents about their city and the fundamental services provided.  The program has designed a campaign to increase civic awareness and participation and provide cities with information about projects that can be undertaken to increase awareness of municipal issues.

 

The Florida League of Cities and its member cities have joined together to teach students and all citizens about municipal government through a variety of projects, resources and information.  The City of Port Orange has, and will continue to provide municipal educational opportunities to its residents.  Past examples include student government day activities, the citizens’ police academy and others.  Participation in this program will only strengthen the City’s commitment to civics education.  Staff recommends approval.

 

Staff recommends that Council approve the attached resolution recognizing the “Building Citizenship in the Community: Back to Basics” initiative of the Florida League of Cities and pledging support for this effort.

 

I.                     COUNCIL COMMENTS

 

Item 17 -        Comments/Concerns from Council Members

 

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

 

Item 18 -        City Council Committee Reports

 

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

 

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