MEMORANDUM

  

To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                         February 15, 2011

 

Date:               February 7, 2011

 

 

 

A.           OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.           SPECIAL RECOGNITION AND PROCLAMATIONS

 

C.           CITIZEN PARTICIPATION (Agenda)

 

Item 4 -           Randell Brown – Outreach Coordinator for Florida Chief Financial Officer Jeff Atwater

 

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

 

E.           CONSENT AGENDA

 

 

 

Item 5 -           Approval of Minutes

 

Attached are the minutes of the following meetings:

 

January 25, 2011 – Budget Workshop

January 25, 2011 – Regular City Council Meeting

January 31, 2011 – Special Meeting

February 1, 2011 – Goals Workshop

February 1, 2011 – Recognition of Police and Citizens

February 1, 2011 – Regular City Council Meeting

 

 

Item 6 -           Staff Reports- Building Activity Report for December 2010 and Monthly Development Activity Report for January 2011

 

The attached Staff Reports include the Development Activity Report for January 2011 and the Building Activity Report for December 2010. These reports provide information on proposed development and projects under construction, commercial code enforcement activity and monthly building permits and inspection updates.

 

Staff recommends Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report) for December 2010 and January 2011.

 

Item 7 -           Special Event Request – The Last Resort Bar

 

Mr. Al Bulling, owner of The Last Resort Bar, 5812 South Ridgewood Avenue, and agent for Best Cars, 5816 Ridgewood Avenue, Port Orange RV, 5840 Ridgewood Avenue and Hunt for Cars, 5796 Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2011. The proposed event is planned for a ten (10) day period from Friday, March 4, through Sunday, March 13, 2011. 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 2011.  Mr. Bulling also requests a one (1) hour time extension for outside music on both Friday and Saturday nights of the event.

 

Staff recommends 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 5840 South Ridgewood Avenue, to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached staff report.

 

Item 8 -           Special Event Request – First Turn

 

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 2011.  The proposed event is planned for a seven (7) day period from Monday, March 7, through Sunday, March 13, 2011. The proposed hours for the event are from 8:00 a.m. until 2:00 a.m., daily.  This will be the first Special Event for the First Turn Steakhouse & Lounge in 2011.

 

Staff recommends 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 9 -           Special Event Request – The Ice Bar & Grill

 

Mr. Craig Kennedy, business owner of The ICE Bar & Grill located at 5934 South Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2011.  The proposed event is planned for a seven (7) day period from Monday, March 7, through Sunday, March 13, 2011.  The proposed hours for the event are from 9:00 a.m. to 2:00 a.m., daily.  This will be the first Special Event for The ICE Bar & Grill in 2011.

 

Staff recommends Council approve the Special Event request for The ICE Bar & Grill located at 5934 South Ridgewood Avenue, and to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached report.

 

Item 10-         Award Bid #B11-06, Spruce Creek Estates Drainage Improvements

 

Quentin Hampton & Associates advertised and received eleven responsive bids for the Spruce Creek Estates drainage improvements project.  As shown on the attached Certified Bid Tabulation Summary, Progressive Contractors of Daytona Beach is the lowest responsive bidder with a bid of $342,718.50.  Quentin Hampton & Associates is familiar with Progressive Contractors and they see no reason not to award the project to them.  Funds are available in Account #41218005416100, Project #DIP046.

 

Staff recommends B11-06, Spruce Creek Estates Drainage Improvements, be awarded to low bid vendor, Progressive Contractors, for the amount not to exceed $342,718.50.

 

City Manager Comments: The City has been working for a number of years to provide a method to provide emergency relief for flooding subdivisions at the end of Spruce Creek Road.  The City has received permits from the St. Johns River Water Management District to construct an emergency pipe from River Oaks to the Creek.  The City either has easements or owns the land in which the dry pipe will be installed.  The City will have to receive permission to use the dry line from the Water Management District.  Currently, the City has to run flexible hose from River Oaks to the Creek.  When individuals who own property along Spruce Creek south of River Oaks need to get out of their driveways, the City workers have to disconnect the pipe and allow the property owners to then cross over the flexible hose.  This means that a worker has to always present when the emergency pumps are operating.  Installation of the dry line will allow the City to pump and at the same time the residents will have full access to Spruce Creek Road.  Also, there will be some retention provided at the entrance of Spruce Creek Estates with this project.  Public Works has scheduled a number of meetings with residents during the week of February 21 to go over the project details.  Again, there is no physical connection between the dry line and the current drainage ditches in this area.  The dry line pipe can only be used during emergencies and only after notification and permission is granted by the Water Management District.

 

Item 11-         Approval to Waive Formal Bid Procedure and Piggyback City of Orlando’s Contract with Reynolds Inliner, LLC

 

Staff has identified metal storm pipes that are failing (see list attached).  Staff recommends relining the pipes, as opposed to replacing them, in order to save cost and avoid disruption to the residents.  Reynolds Inliner LLC has provided this service for the City in the past and we are satisfied with their performance. Staff recommends approval to waive formal bid procedures and piggyback the City of Orlando’s contract (#HI09-2570) with Reynolds for the lowest cost possible.  As shown on the estimate attached, total cost should not exceed $199,378.00 and funds are available in Account #41218005416397, Project #DIP033.

 

Staff recommends approval to waive formal bid procedures and piggyback the City of Orlando’s contract with Reynolds’s Inliner LLC for storm pipe cleaning and lining for a total cost not to exceed $199,378.00.

 

City Manager Comments:  Maintenance of infra-structure is a priority.  It is less expensive to properly maintain the infra-structure than it is to reconstruct it after it has deteriorated to the condition that requires total replacement.  Warren has prepared a listing of drainage pipe that need to be lined in order to extend their life.  He has recommended that the City utilize the Orlando contract for relining drainage pipe.  I asked Warren if there were local contractors doing this type of work.  He indicated that he was not aware of any local contractors that engaged in this type of work.  If you have questions, please feel free to contact Warren or me.

 

F.            FINANCE (John Shelley)

 

Item 12 -        Resolution No. 11-8 Budget Appropriations

 

On February 15, 2011 the Council will be asked to approve change orders related to the Allen Green roof project.  Also the Council has review and accepted the budget review of the Building Special revenue fund on January 25, 2011.

 

The attached resolution appropriations budgets revenues and expenditures for the Allen Green roof project and the Building Special Revenue fund. Staff recommends approval.

 

G.           COMMUNITY DEVELOPMENT(Wayne Clark)

 

Item 13-         Second Reading – Ordinance No. 2010-28 – Rezoning – First United Pentecostal Church of Greater Daytona from “A” and “R-8SF” to “GPU” (1495 Herbert St.) (Continued from 10/19/10)

 

This item was continued until February 15 at the request of the applicant. 

City Manager Comments:  This would allow the Church to construct a building on property that they own on Herbert Street.  Currently, the property is zoned Agriculture.  The property is surrounded by residential property.  Staff has reviewed the request to rezone the property from A to GPU.  They have found that the zoning is consistent with the City’s Comprehensive Plan.  A church is a permitted use in the GPU zone.  There has been some concerns about parking and the size of the property and whether it is large enough for the proposed use.  If you have questions, please feel free to contact Wayne Clark or me.

 

Item 14 -        First Reading – Ordinance No. 2011-4 – Adoption of the 2010 Capital Improvements Element Annual Update

 

At the January 27, 2011 meeting, the Planning Commission recommended approval, 5-0 (Commissioners Barker and Jordan excused), to adopt the 2010 Capital Improvements Element Annual Update and transmit to the Florida Department of Community Affairs and other review agencies for their compliance review.

 

Every year local governments are required update their Capital Improvements Element (CIE), including the Five-Year Schedule of Capital Improvements (Schedule). This annual update is required outside of the Evaluation & Appraisal Report (EAR) process. The purpose of the CIE and the Schedule is to identify the capital improvements needed to implement the Comprehensive Plan and ensure the adopted level-of-service standards are achieved and maintained for concurrency-related facilities. The amendments to the CIE are attached for review and include the updated Schedule and other various text amendments to update data related to the Schedule and other statutorily required information, such as: 

·         Projects included in the Transportation Planning Organization’s (TPO) Transportation Improvements Program (TIP) that the City relies on for concurrency;

·         A summary of de minimus transportation records; and

·         The Volusia County School District Five-Year Work Program.

 

Staff recommends Council adopt Ordinance No. 2011-4, amending the Capital Improvements Element of the City’s Comprehensive Plan, in accordance with Florida Statutes.

 

City Manager Comments: Annually, the City is required to update the Capital Improvement Element in its Comprehensive Plan.  During the budgeting process, the City of Port Orange adopts a five year Capital Improvements Plan.  Those elements are included in the Capital Improvement Element.  Also, the Transportation Planning Organization Program and School District Program are included as well.

 

Item 15 -        First Reading – Ordinance No. 2011-6 - Notification of Proposed Change (NOPC) to the Development Order for the Pavilion at Port Orange Development of Regional Impact (DRI) – Amendment #1 Case No. 10-17000001

 

Planning Commission Action: January 27, 2011

Recommend approval, (5-0, Commissioners Barker and Jordan, excused) to amend the Development Order for the Pavilion at Port Orange Development of Regional Impact (DRI) – Amendment #1. If approved, The Development Order for the DRI would be amended to extend the buildout date for Phase I and II to December 31st, 2017 and identify a restructuring of the current ownership for the subject property. The Planning Commission recommended approval subject to the following conditions:

  1. Letter transferring the St. Johns Water Management Permit to SWI CDD;
  2. A joinder and consent to the amendment by SWI CDD; and
  3. Assignment of the DO interests from the Pavilion at Port Orange, LLC to Port Orange Town Center, LLC

 

Staff recommends Council adopt Ordinance No. 2011-6, amending the Development Order for the Pavilion at the Port Orange Development of Regional Impact (DRI) – Amendment #1.

 

Item 16 -        Addendum to the Quentin Hampton Associates Contract for Roof Inspection Services Related to the City Re-roofing Contract

 

This inspection services addendum to the Quentin Hampton Associates (QLH) contract provides the additional inspection time required to complete the City re-roof projects.  An initial purchase order for $24,610 was issued when the re-roof projects commenced. Initially, the QLH inspector was to be present for limited hours during critical parts of the repair work.  However, due to the complex nature of the work, it is recommended the inspector be on the job site more frequently.   This proposal contains the estimated maximum additional inspection hours required to complete all roof work.  The City will only be billed for actual hours worked.

 

Fund  317 1000 580.63-97                        Project AIO008  = $14,950.00  City Hall

73314-1000-580.62-00                               CIP008   = $14,950.00  Fire Station 73

106-1000-580-62-00                                    AIO007   = $10,867.50  Green Center

 

Staff recommends council approve an addendum to Quentin Hampton Associates contract for roof inspection services for the re-roofing at the Allen Green Center, City Hall and Fire Station 73 in the amount of $40,767.50 and authorize the Mayor and City Manager to sign the proposal.

 

City Manager Comments: The City employed an inspector from Quentin Hampton and Associates to monitor the roofing of the Green Center, Fire Station 73 and City Hall. The initial purchase order was for $24,610.  Rather than having the individual on the job just a few hours daily, the City has had the individual on the job continuously since it started.  As we have reported to the City Council the conditions on the roof are much different than original thought to be by the architect of record.  The deterioration has been more severe requiring much more interaction been Frank Flagg and the contractor as well as the design professional as they have worked to resolve many of the problems that they have encountered.  We have attempted to anticipate what it will cost the City for the remainder the other two jobs.  If you have questions concerning this item, please call Shannon, Wayne Clark or me.

 

Item 17 -        Proposed Change Order for R&R Industries for additional work required at the Allen Green Center

 

The $9,635.02 Change Order request is required for additional work discovered upon removal of the old roofing materials. It was discovered that the existing plywood was not adequately fastened and due to age some of the fasteners had deteriorated.  Re-nailing of the entire roof deck was the best solution to ensure that the entire roof deck was properly fastened. Re-fastening of the existing fascia and soffit was also required due to age and normal wear and tear of the original installation.  Hardware and lock replacement on the existing doors were modified and electrical conduit and wiring had to be removed and re-located to an accessible location per the Electrical Code.

 

    Fund: 106-1000-580-62-00                                       Project:  AIO 007

 

Staff recommends Council approve a Change Order for R & R Industries for miscellaneous work required on the Allen Green Center roof, fascia, doors and electric conduit in the amount of $9,635.02 and 5 days

 

City Manager Comments:  We have attempted to anticipate all of the change orders on the three buildings.  However, items continue to come up.  We recommend approval.

 

Item 18 -        Request to Refund a Portion of the Building Permit Fees for Bealls Outlet Interior Build-Out Permit #10-3637

 

Building permit fees are determined by Fee Resolution 07-16. Permit fees are based on the value of construction as published by the International Code Council Building Valuation Data. The fee resolution states in Section 2 (c) “All accessory structures, tenant build-out and interior alterations (unless otherwise noted) shall fall under the Utility Occupancy listing for value of construction.” The permit fee for Bealls Outlet interior build-out permit #10-3637 was calculated per the fee resolution.

 

The applicant, Dunlawton Nova Investors, LLC (a.k.a. Holub Development), requests that City Council consider reducing the $15,901.25 permit fee for this project to $5,272.58. The applicant requests that we calculate the building permit fee based on their estimated value of construction. Using the ICC Building Valuation data the value of construction is $58.69 per square foot, the build-out is for 22,163 square feet which calculates to a construction value of $1,300,746. The applicant has indicated their estimated value of construction is $236,921.

 

Staff has reviewed tenant build-out and interior alteration fees from other communities for comparison. The majority of the communities allow the applicant’s estimated value to be used for the calculation. Nearby examples are:

 

Ormond Beach: uses the applicant’s estimated value and will request contract documents to verify those values if needed.

 

Daytona Beach: uses the ICC Building Valuation Data for tenant build-outs but will consider the applicant’s estimated value with proper documentation if the applicant requests.

 

City Manager Comments: The owner of the old K-Mart building has brought to our attention that the table used in our fee structure was not intended to be used for tenant build out.  However, our rate resolution clearly states that the tenant build out will use the Utility Occupancy unless noted on the table.  We have looked at Ormond Beach and Daytona Beach to determine the method they are using.  Ormond uses the applicant’s estimated value with the applicant being required to provide documents to verify the values.  The Daytona Beach uses the valuation data table similar to what we do but will allow the applicant to provide documentation to use the contract amount. 

 

The applicant pointed out that sometimes this works to the City’s advantage and sometimes the contract values work against the City.  It tends to hurt the contractor when they are renovating a project like the old K Mart.  Because this building is not in one of our redevelopment areas, the City has no alternative but to charge the total fee.  What are the options?

 

1.            Status Quo.  Continue using the table even though that it was not intended to be used in this fashion.  It has worked for the City for a number of years.

2.            Use the Ormond Beach approach.  This would remove the interior renovations from the table and substitute actual contract values.  There will be instances where this will actually produce more revenue and at the same time there will be instances where it will produce less revenue to the City.  However the fees will be based upon the contract.

3.            Use the Daytona Beach approach which allows the City to use the table like we currently do or to substitute the contract amount. 

 

This provision has been in our building fee schedule for a number of years.  However, this is the first time that it has been brought to my attention.  When the fee schedule was brought forward by the former building official, he was looking for something that would relatively easy to administer rather than having to rely on contracts provided by contractors in order to compute build out.  All of us know that the miscellaneous category was not intended to be used for the build outs.  The existing system has been used throughout the City.

 

The builder has requested relief for the old K-Mart building.  What are the options available to the City Council related to the K-Mart project?

 

1.            The City Council could determine that it was not their intent to use the table as it is being used.  I would caution the City Council on this option since the Resolution clearly indicates that it was the intent of the Council that adopted the fee schedule.

2.            The City Council could determine that they want to incentive the redevelopment of the K-Mart building as an economic development incentive.  The incentive would be to use the contract amount for calculating the interior improvements.  It may behoove the City to look at incentives that could be used to encourage the redevelopment and improvement of older shopping plazas such as Dunlawton Square.  Currently, our redevelopment incentives only apply in the redevelopment areas.  Also, our economic development incentives do not apply to retail. 

3.            The City Council could determine that it agrees with the fee that has been charged and will make only changes going forward, not retroactive.

 

Item 19 -        Dedication of Right-of-Way Along Herbert Street 1495 Herbert Street Case No. 10-80000007

 

Per Chapter 12, Section 9, of the Land Development Code (LDC), the ultimate right-of-way width for Herbert Street between Clyde Morris Boulevard and Brandy Hills Drive is 80 feet wide. Currently there is 66 feet of right-of-way so an additional 14’ is needed (Exhibit “A” – Location Map). The additional right-of-way is required by the LDC for future expansion or upgrades to Herbert Street.  

 

The property owner, 1st United Pentecostal Church of Greater Daytona Inc., is providing the City half of the remaining required right-of-way (7 feet) for Herbert Street as a condition for the approval of a site plan.  The other 7 feet of right-of-way will be obtained from the property located across from the subject property at a later time.

 

Attached is a copy of the Deed of Dedication, prepared by the City Attorney’s office for the area to be dedicated.


Staff recommends Council accept the dedication of right-of-way along Herbert Street.

 

H.           PUBLIC WORKS (Warren Pike)

 

Item 20 -        Resolution No. 11-9 – Maintenance Agreement with Florida Department of Transportation (State Right-of-Ways)

 

State right-of-way maintenance agreement with FDOT is due to expire March 31, 2011. Under this agreement, the FDOT agrees to compensate the City of Port Orange in exchange for maintenance of various State right-of-ways located within City limits.  The FDOT has submitted a renewal agreement for approval; annual compensation to the City is $67,500.00, to be paid quarterly ($16,875.00/per quarter).  Total compensation for the two year period will be $135,000.00.  A copy of the areas to be maintained is attached for your review.

 

Staff recommends approval of Resolution No. 11-9 and the FDOT right-of-way maintenance agreement, #APO06, for the two year term effective April 1, 2011 through March 31, 2013.

 

I.              HUMAN RESOURCES (Rob Zicker)

 

Item 21 -        Second Reading – Ordinance No. 2011-3 – IRS Revision for Police Pension Ordinance

 

Staff recommends approval.

 

J.            ADMINISTRATION (Ken Parker)

 

 

Item 22 -        Direction on the B-23 Canal Dredging and Seawall Reconstruction Project and Close-Out of Rose Bay

 

Additional Information for Item 22

 

The City is finalizing the contract with Ryan Southern for the dredging of the B-23 Canal as approved by the City Council.  This contract is separate from the Rose Bay project, but the successful completion of both projects rests upon the ability to coordinate them.  Additionally, the timeframe to complete all of the necessary Agreements and begin dredging has been expedited to avoid any stand-by time and associated costs.  The Army Corps of Engineers, with concurrence from the funding partners, desires to close out the Rose Bay project with Optimum Services prior to demobilization due to on-going issues between the parties. The Corps stated they would complete the close-out paperwork and credit back the demobilization costs unused.

 

In order to close out the Rose Bay project the demobilization requirements, including restoration of impacted areas of the disposal site and erosion control, the City would have to agree to include those tasks in its contract with Ryan Southern.  The costs would be broken out separately from the B-23 Canal and be shared by the funding partners (City, County, St. Johns).  This arrangement would not require funds in excess of those already planned for the Rose Bay project and minimizes additional risk of claims from the contractor.  The partners would not be responsible for the costs associated with the B-23.

 

In order to facilitate all of the required elements, the City’s existing agreement with St. Johns will have to be amended.  FIND must approve the changes as well.  Those documents along with the demobilization-related tasks and costs will be provided to the Council under separate cover prior to the meeting as we are still working out the details with all of the agencies involved.

 

Additionally, one of the property owners along the B-23 Canal with a boat house and boat docks at two locations on public lands has requested that the City allow the structures to remain in place and negotiate a license agreement for their continued use.  The owner indicated a willingness to pay for a portion of the costs associated with the seawall reconstruction, but we have not received any additional information at this time.  We currently have a code enforcement hearing scheduled before the Special Magistrate to seek removal of one of the structures so the dredging can take place.

 

This item is for discussion only.

 

Item 23 -        Second Amendment to the Agreement Between the St. John’s River Water Management District and the City of Port Orange – Rose Bay Cooperative Funding Agreement

 

The City and the District entered into a cooperative funding agreement on April 1, 2009 to facilitate the restoration of Rose Bay.  The District and the County of Volusia entered into a similar agreement.  The District has served as the Rose Bay project sponsor and has coordinated payment with the Army Corps of Engineers.  The Corps has requested that the contract with Optimum Services be closed prior to demobilization to minimize or eliminate risk associated with additional claims; however, there are still contractual elements required by FIND that have to be completed regarding the disposal island and erosion control.

 

The City has worked with all of the entities and contractors involved to facilitate the changes required to complete Rose Bay and conduct the B-23 Canal dredging project.  This second amendment requires the District to shift payment of these identified demobilization tasks from the Corps to the City.  It does not obligate the District or County to fund any costs associated with the B-23 Canal project.

 

The amended agreement will be provided under separate cover prior to the City Council Meeting.

 

Staff recommends approval of the Second Amendment to the Agreement between the St. Johns River Water Management District (District) and City of Port Orange for the City of Port Orange Rose Bay Cooperative Funding Agreement.

 

Item 24 -        City Manager’s Annual Performance Evaluation

 

It is the time of the year that the City Council traditionally evaluates the City Manager.  I provided you with some of my goals and objectives a few weeks ago.  On Thursday, I will be providing you with my self-evaluation as well as other documents for your review. 

 

K.           COUNCIL COMMENTS

 

Item 25 -        Comments/Concerns from Council Members

 

At this time council members may discuss various matters or concerns.

 

 

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