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 26, 2010

 

Date:               January 18, 2010

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.                 STATE OF THE CITY MESSAGE

 

The Port Orange Charter requires the Mayor to annually provide to the citizens the State of the City.   Traditionally, the State of the City is delivered by the Mayor on the last Tuesday in January.  On January 26, the Mayor will deliver the annual State of the City Message.  The State of the City video will be available for replay on POG-TV.

 

C.                SPECIAL REPORT

 

Item 4 -           Report from KemperSports Management

 

At this time, a representative of KemperSports Management will make a report to Council regarding the activities of the Golf Club At Cypress Head.

D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 CONSENT AGENDA

 

Item 5 -           Project Managers’ Report

 

Attached are the Project Managers’ Reports for the month of November and December, 2009.  If you have questions, please contact any of the Project Managers or me.  Staff recommends acceptance of the reports.

 

Item 6 -           Special Event Request – First Turn Steakhouse & Lounge

 

Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, located at 5236 and 5204 South Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2010.  The proposed event is planned for a ten (10) day period from Friday, February 26, through Sunday, March 7, 2010. The proposed hours for the event are from 11:00 a.m. until 2:00 a.m., daily.  This will be the first Special Event for the First Turn Steakhouse & Lounge in 2010.

 

Staff recommends that Council approve the Special Event request for the First Turn Steakhouse & Lounge located at 5236 & 5204 South Ridgewood Avenue, and to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached report.

 

Item 7 -           Special Event Request – The Last Resort Bar; Best Cars; Port Orange RV and Hunt for Cars

 

Mr. Al Bulling, owner of The Last Resort Bar, 5812 South Ridgewood Avenue, and agent for Best Cars, 5816 Ridgewood Avenue, Port Orange RV, 5858 Ridgewood Avenue and Hunt for Cars, 5796 Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2010. The proposed event is planned for a ten (10) day period from Friday, February 26, through Sunday, March 7, 2010. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the first Special Event for the Last Resort in 2010.  Mr. Bulling is also requesting a one (1) hour time extension for outside music (until 11:00 p.m.) on Friday, March 5 and Saturday, March 6, 2010.

 

Staff recommends that Council approve the Special Event Request for The Last Resort Bar, 5812 South Ridgewood Avenue, Best Cars at 5816 Ridgewood Avenue, Hunt for Cars at 5796 South Ridgewood Avenue, and Port Orange RV at 5858 South Ridgewood Avenue, to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached staff report.

 

Item 8 -           FY 2011 Budget Calendar

 

Attached is the proposed Budget Calendar for the FT2011 budget.  Staff recommends approval.

 

City Manager’s Comments: Some of the items that involve just staff may be shifted due to conflicts on schedules.  The important dates on the calendar are the ones that involve delivery of the budget documents to the City Council and the hearings before City Council. Please note the July meeting date for the all day workshop with City Council.  The September Public Hearing dates will be tentative until we know when the County and the School District will hold their Public Hearings.  By law, the City cannot hold its budget public hearings on the same date as the County or School District. 

 

 

F.                 FINANCE

 

Item 9 -           Monthly Financial Report

 

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

 

 

G.                COMMUNITY DEVELOPMENT

 

Item 10 -        Resolution No. 10-8 - Proposed Drainage Utility, Lot 2 – Countryside Commercial Center, Unit 4

 

The Community Development Department has received a request to vacate the 20.00 foot wide Drainage Easement located on Lot 2 of the Countryside Commercial Center Unit IV Subdivision.  The applicant on behalf of the property owner has made this request in connection with the proposed ABC Fine Wine and Spirits No. 142B development.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy.  All franchise utility companies have provided release letters for the easement area to be vacated.  City staff has reviewed the application with respect to City Codes and possible effects to adjacent properties.  Drainage concerns along the adjacent Village Trail right of way have been resolved through cooperation between the City, the applicant, and the engineer of record for the proposed development.  All existing drainage improvements at the site will be removed with the demolition phase of the project. A replacement drainage easement document for the new drainage system to be constructed has been executed by the property owner and provided to the City.  The easement may be vacated as described in the attached Exhibit “A.”

 

H.                 PUBLIC UTILITIES

 

Item 11 -        Resolution No. 10-9 - Reservation and Future Sale of 3.04 State Wetland Mitigation Bank Credits for Construction of Yorktowne Boulevard – Central Section

 

The City owned wetland mitigation bank maintains a number of credits in reserve specifically for City projects.  The construction of the middle segment of the Yorktowne Blvd extension will require the allocation and release of 3.04 wetland mitigation credits as required by the St. Johns River Water Management District under permit number 4-127-29647-2.      The per-credit cost is $50,000 making the total for 3.04 credits $152,000 due upon official release of credits by the mitigation bank.  Funds for the purchase of wetland mitigation credits are available through project number PNC007 (Yorktowne Middle Segment).

 

Staff recommends that Council approve the attached resolution for the reservation and future sale of 3.04 State wetland mitigation bank credits from the Port Orange Mitigation Bank in the total amount of $152,000 and authorize the Mayor and City Manager to sign documents on behalf of the City.

 

Item 12 -        Discussion Regarding Current Low Flow Toilet Rebate Program

 

In 1992, the City initiated a water conservation program offering rebate incentives for customers to replace high volume toilets with low volume toilets in an effort to promote reductions in per capita water usage.  High-volume toilets typically use 3 gallons or more per flush, while ultra-low volume toilets use up to 1.6 gallons per flush.

 

Port Orange was the first in the St. Johns River Water Management District to implement the rebate program.  At one time the District even provided matching grants to cities with such a program.  Over time the program has been funded entirely by the City through impact fees, as the program contributed to extending the water supply capacity.  During FY 2009, rebates totaling $28,350 were issued and since FY 2000, over $230,000 in rebates have been provided.    Per the guidelines of the program, the rebate incentive is limited to the replacement of existing toilets installed before 1991. This is due to the fact, in 1992, the State of Florida began mandating all new structures constructed in Florida have low flow toilets.  Therefore the City does not provide rebates to homes constructed after the low volume toilets were required.  While customers continue to participate in the program, our ability to use impact fees to fund the program is questionable because we have reached the point where the rebate program may no longer provide the water savings to justify expenditures from impact fees.  That means that if the program were to continue, it would have to be funded in future years from Water and Sewer operating revenues.

 

A discussion regarding policy direction and continuation of the low flow toilet rebate program is respectfully requested.  

 

I.                     ADMINISTRATION

 

Item 13 -        Emergency Ordinance No. EZ010-1 – Amending Chapter 6, Section 3, of the Code of Ordinances Relating to Drinking Upon Public Property within the City of Port Orange

 

What is being proposed is to provide the City with flexibility in serving alcoholic beverages at functions held in conjunction with the Florida League of Cities, Volusia League of Cities, VCOG, and other organizations affiliated with government.  Currently, the City Council has granted permission for alcoholic beverages to served at some locations.  This would give the City Council flexibility to serve during meetings held in conjunction with these organizations.  Normally, we hold those at facilities that have been exempted.  However, occasionally, the City may want to host a meeting or dinner at a location that is not on the exemption list.

 

Item 14 -        Resolution No. 10-10 - Repealing Resolution No. 07-48 Relating to the Port Orange Business Park Assessment Area

 

In 2007, a special assessment district to fund capital improvements and related costs for the Port Orange Business Park, located on Williamson Boulevard, was created by the City Council.  The adopted Resolution established the district and provided the mechanics for imposing assessments and providing legal notice.  Since the district was created, the City has deferred imposing the assessment.  With the recent completion of construction and with the sale of property to V&P Property Group, the assessment district is no longer needed to fund the capital improvements. Staff recommends repealing the City’s notice of intent to use the non-ad valorem special assessment for capital improvements in the Port Orange Business Park.

 

Staff recommends that Council approve the attached resolution repealing Resolution 07-48 which established the Port Orange Business Park Assessment Area and established the maximum annual amount for each parcel; and provide authorization for the Mayor and City Manager to execute all associated documents.

 

Item 15 -        Federal Appropriations Request for Dunlawton Avenue Flooding and Nova Canal Watershed Project

 

Federal appropriations requests must be submitted to Representative Kosmas’ Office no later than January 29, 2010 and require a letter of support from the City Council.  The City plans to submit a request in the amount of approximately $24 million as part of a multi-jurisdictional program to address regional and local flooding, maintain Dunlawton Avenue as a viable evacuation route during emergency events, enhance water quality and provide reclaimed water augmentation.

 

Although the appropriations request is made in January, it may be as late as December 2010 before the City knows if any funding has been approved.

 

Staff recommends that Council provide an official letter of request to Representative Kosmas for a federal appropriation for the Dunlawton Avenue Flooding and Nova Canal Watershed Project.

 

 

J.                  COUNCIL COMMENTS

 

Item 16 -        Comments/Concerns from Council Members

 

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

 

Item 17 -        City Council Committee Reports

 

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

 

 

 

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