MEMORANDUM

 

To:                   Mayor Allen Green

Vice Mayor Robert Pohlmann

Council Member Bob Ford

Council Member Donald Burnette

Council Member Dennis Kennedy

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

October 23, 2012

 

Date:               October 15, 2012

 

 

The Larry Haines Park will be dedicated on Tuesday evening before the City Council Meeting.  Each of you have received an invitation to attend the dedication of the Park at 5:30 p.m.  This is a great way to recognize an individual who was involved in the Rose Bay Project from the very beginning.  He worked tirelessly on cleaning up the Bay. 

 

A.   OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, REPORTS

 

Item 4 -           Cypress Creek Elementary Contest Winners

 

The City Council will recognize students from Cypress Creek Elementary.

 

Item 5 -           Local Business Spotlight

 

The Port Orange-South Daytona Chamber of Commerce will present the featured business of the month.

 

Item 6 -           Report from KemperSports Management regarding Cypress Head Golf Course       

 

At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.

 

 

C.   EASTPORT CRA MEETING

 

·         Approval of Minutes

·         CRA Quarterly Report

 

D.   TOWN CENTER CRA MEETING

 

·         Approval of Minutes

·         CRA Quarterly Report

·         Land Development Code Text Amendments/Chapters 2 and 17

 

The Town Center CRA will be reviewing the Land Development Code Text Amendment for Chapters 2 and 17 for consistency with the CRA Town Center Plan. 

 

·         Ordinance Approving a Master Development Agreement & Conceptual Development Plan/Riverwalk Marina & Riverboat

 

The Town Center CRA will be reviewing the Master Development Agreement and Concept Plan for consistency with the Town Center CRA Plan.  I would encourage you to review Exhibit C and other items related to the adopted CRA Plan for Town Center prior to the CRA meeting.  The CRA is being asked to review the Plan for consistency and make a recommendation to the City Council related to consistency of the request to the Plan. 

 

·         Extension of time for Negotiation of Sale/Exchange of Riverwalk Lands – RFP# 12-2

 

The negotiations related to the sale/exchange of Riverwalk lands need to be extended in order to provide ample time to complete contractual discussions.

 

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

 

F.    CONSENT AGENDA

 

Item 7 -           Approval of Minutes

 

a.    September 11, 2012 – Joint Special Meeting of Council & Town Center CRA

b.    October 2, 2012 – Regular City Council Meeting

 

Attached are the City Council meeting minutes recently held. Should you have questions, please feel free to contact Robin or me.

 

Item 8 -           Project Managers’ Report

 

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

 

Item 9 -           Contract with Utility Metering Solutions (UMS) to provide installation services upgrades and automate City of Port Orange water meters for an amount not to exceed $240,000

 

UMS has proposed to extend the City of Panama City, Florida meter installation contract to the City Of Port Orange based on the same contractual terms and conditions as their recently awarded contract. Please see the UMS letter of commitment to the City of Port Orange and the UMS contract with the City of Panama City, Florida attached.

City Manager Comments:  This is for installation of meters, not an agreement with Sensus.  This company will install whatever meters we provide.

 

Item 10 -        Approval of Amendment No. 1 to CPH Contract for CEI Services for POTC Median Enhancements

 

The Town Center median landscaping projects are divided into two parts; the SR5/Ridgewood Avenue Medians from Dunlawton Avenue to the northern city limits, and the SR421/Dunlawton Avenue Medians, from Ridgewood Avenue to Spruce Creek Road.  Under its continuing services contract with the City, CPH has submitted its Scope and Fee for Construction Engineering and Inspection (CEI) Services for both components of the Town Center Median Enhancements.  CEI services for each component are estimated to cost $24,680, for a total of $49,360.    

The JPAs with FDOT for $198,000 in funding were approved by City Council Resolution Nos. 12-39 and 12-40 on August 21, 2012.  The total construction budget for the Town Center Median Landscaping refurbishment currently stands at $419,220.   Donna Steinebach is the City’s Project Manager for this capital project.

 

Item 11 -        Approval of AddendumNo. 89 to QLH Contract – JPA Permitting & Bidding/POTC Median Enhancements

 

The City has received fully executed Joint Participation Agreements (JPAs) back from FDOT for a total of $198,000 for landscaping improvements to roadway medians in Town Center.  The landscaping projects are divided into two parts; the SR5/Ridgewood Avenue Medians from Dunlawton Avenue to the northern city limits, and the SR421/Dunlawton Avenue Medians, from Ridgewood Avenue to Spruce Creek Road.  The JPAs with FDOT were approved by City Council Resolution Nos. 12-39 and 12-40 on August 21, 2012.     

 Although the landscape plans were previously approved and permitted by FDOT, the JPAs require additional review and permitting through FDOT.  Addendum No. 89 to the QLH contract with the City is for JPA Permitting and Plans Updating and Bidding Assistance.  The total fee covering the scope of work for both JPAs is $26,800.  A separate agenda item will cover Construction Engineering & Inspection Services (CEI) for this project.  FDOT will not allow QLH to provide CEI services since they are the Design Engineer.  The total construction budget for the Town Center Median Landscaping refurbishment currently stands at $419,220.  Donna Steinebach is the City’s Project Manager for this capital project.

 

Item 12 -        Final Deductive Change Order #2 for the SR 421 (Taylor Road) Improvements at I-95

 

The pedestrian connection and turn lane improvements at SR 421 (Taylor Road) and Interstate 95 have been successfully completed.  All work items have been inspected and approved and all the necessary project close-out documents have been received.

Final quantities were measured and agreed to between the contractor and our engineering consultants. Final payment has been computed in accordance with the contractual unit prices and actual work performed. Cost savings are mainly attributable to the decision to restore the disturbed areas of the median with St. Augustine ‘Floratam’ sod versus the complete replacement with Perennial Peanut sod. The final contract amount is $341,451.90. Staff requests your approval of the Final Deductive Change Order #2 in the amount of $19,712.00.

 

Item 13 -        Final Change Order #4 for the Spruce Creek Road and Dunlawton Avenue (SR 421) Intersection Improvements

 

The intersection improvements at Spruce Creek Road and Dunlawton Avenue (SR 421) have been successfully completed. All work items have been inspected and approved and all the necessary project close-out documents have been received.

Final quantities were measured and agreed to between the contractor, our inspector and engineering consultant. Final payment has been computed in accordance with the contractual unit prices and actual work performed. The adjustment in the contract price is due to actual quantities installed. The final contract amount is $540,780.68. Staff requests your approval of the Final Change Order #4 in the amount of $5,305.66.

 

Item 14 -        Extension of time for Negotiation of Sale/Exchange of Riverwalk Lands – RFP# 12-2

 

On April 17, 2012, the Community Redevelopment Agency for Port Orange Town Center (CRA) and the City of Port Orange City Council authorized negotiations with the sole respondents to RFP #12-2; Port Orange Riverwalk LLC & LLP and Halifax River Partners, LLC.  RFP #12-2 pertains to the donation, sale, buying, exchanging, leasing or otherwise transferring real property with the City and CRA in furtherance of the redevelopment objectives for the area within Town Center designated as the Riverwalk Redevelopment Project Area.  The initial 120 day negotiation period called for by RFP #12-2 expired on August 15, 2012.   On August 7, 2012, both the CRA and City Council authorized a forty-five (45) day extension of time, commencing on that date.  This initial extension, therefore, expired on September 21, 2012.   The respondents to RFP #12-2 have verbally indicated their desire to continue negotiations.   If the City and CRA wish to continue negotiations, staff recommends the following motion: To proceed with negotiations under RFP  #12-2 until such time that either party provides ten (10) days written notice of termination of negotiations to the other party.  

 

Item 15 -        EQ Florida, Inc. Bid Award – Anoxic, Oxic Tank Cleaning Project Bid #12-44

 

The anoxic and oxic tanks which provide the bulk of the sewage treatment at the Reclaimed Water Plant are currently in need of cleaning and removal of many inches of grit build-up over the last 10 - 15 years.  This grit build-up is currently beginning to interfere with the aeration process of the sewage and therefore the overall treatment process in several of the oxic tanks.

 

The bid was prepared in-house by city staff, advertised, and then publically opened on September 18th.  Three of the five bidders that attended the pre-bid meeting submitted bids.  One of the three bids received was determined to be non-responsive, due to the fact that the company did not produce evidence to support their being currently licensed to do this type of work within the State of Florida. Their bid envelope #2 was therefore not opened.

 

Of the two remaining bidders, Environmental Quality Company was determined to be the lowest most responsible bidder in the amount of $187,950; bid tab attached for your reference. Funds have recently been budgeted for this purpose.  We request your approval to award Bid # 12-44 to Environmental Quality Company.

 

 

Item 16 -        Neptune Water Meter Purchase

 

The City has approximately 35,000 active potable and reclaimed water meters of various sizes and types within the current utility system. The majority of these water meters are ľ” potable Sensus water meters. Over the past three years, staff have installed, evaluated, and tested Neptune Meters and believes them to be a reliable product.  According to the attached letter from Neptune, the meters are manufactured and assembled in their Alabama facility.

Sunstate Meter & Supply, Inc. is the sole source supplier of Neptune meters within the State of Florida.  At $75.90 per meter, their current unit price is cost competitive and is less than our existing Sensus meter unit cost of $78.50, and less than Sunstate’s recent competitively bid price with the City of Port St. Lucie of $91.80.  They are offering a reduced price to the City due to the quantity to be ordered and will honor that price through December 2012.

Monies were previously budgeted are currently available in our water meter replacement operating account to fund this direct purchase of replacement water meters.       

 

G.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 17 -        Second Reading – Ordinance No. 2012-23 – Ordinance Approving the 3rd Amendment to the Master Development Agreement for the Home Depot Planned Commercial Development Case no. 12-40000001

 

At its September 27, 2012 meeting, the Planning Commission recommended approval of the MDA and CDP that will modify the adopted Planned Community-Riverwalk (PC-R) Macro Plan, establish the boundary of the “Project Area Property”, and provide the regulatory framework for the development of a 38-slip marina, a marina support building with a restaurant, a riverboat restaurant, and parking. The proposed MDA and CDP regulations will only apply to the “Project Area Property” and no other parts of the PC-R zoning district. The “Project Area Property” is +/- 4.79 acres and located on the east and west side of Halifax Drive, south of Ocean Avenue

 

 

Item 18 -        First Reading – Ordinance No. 2012-16 – LDC Amendments/Subdivision and Site Plan Regulations, Chapters 2, 3, 5, 6, 7, 9, 10, 13, 16, and 17, Case no. 12-25000004

 

The proposed amendments in this package are intended to improve the content of the existing code, as part of the on-going Land Development Code (LDC) maintenance effort.                                                                                                                 The proposed code improvements include two categories: 1) clarifications and minor changes and 2) code improvements. The first category consists of clarifications and minor changes that are simple clean-up items that make the code more efficient to use. The code improvements section includes changes to the content of the existing code that are intended to address problems or issues encountered when applying the code to actual developments.

 

Clarifications and Minor Changes

1)         Consolidate procedural requirements for development review into one chapter

2)         Remove the preliminary plat process

3)         Clarify the subdivision plat exemptions and minor subdivision procedures

4)         Model Home site parking lots

 

Code Improvements

1)         Residential subdivision perimeter fence, wall or berm

2)         Three foot setback for fences and walls between commercial residential developments

3)         Commercial cross-access easements

4)         Provide defensible spaces in wildland-urban interface areas

 

 

Item 19 -        First Reading – Ordinance No. 2012-24 – 12-1 Comprehensive Plan Amendments/George Copp Case no. 12-20000002

 

On July 26, the Planning Commission recommended approval, 5-0, and on August 28, the City Council approved the transmittal of the 12-1 Large-Scale Comprehensive Plan Amendment Package to the state and local review agencies. The review process is now complete and none of the agencies objected to the proposed future land use amendments.

 

The amendments include a request to change the Future Land Use (FLU) designation of approximately 16 acres of land from Volusia County Rural to City of Port Orange Rural Transition (0-2 units/acre) with a text amendment to limit the density of the subject property to one unit per acre.

 

The subject property was annexed into the City of Port Orange in June 2012. The next step in the process is to change the FLU designation of the property from Volusia County to a City designation. The proposed amendment is a request to change the FLU to the City equivalent of the current Volusia County FLU designation, with no increase in allowable density. The staff report for this item is attached.

 

Item 20 -        First Reading – Ordinance No. 2012-25 – LDC Amendments/Chapter 17, PC-A Zoning District, Case No. 12-25000006

 

Planning Commission recommended approval (7-0).

The proposed amendment would add multifamily dwellings at a maximum of 16 units per acre as a permitted use in the Planned Community-Agriculture (PC-A) Workplace District. Currently, only commercial and industrial uses are permitted in the Workplace District. The applicant has included the following limitations to the multifamily use to ensure the district remains primarily an area for commercial development.

1.    Multifamily developments could only be developed on 10% of the total acreage of the Workplace District. 

2.    Multifamily developments would have to be located within ˝ mile of a commercial development or commercially zoned land that could provide services such as: grocery, entertainment, food, and retail for those living in the multifamily development.

 

The density and type of residential proposed, limitation on the number of multifamily units allowed in the Workplace District, as well as the locational criterion are consistent with and further promote the Planned Community goal of creating a mixed-used area that minimizes automobile trips by:

1.    Allowing multifamily developments within walking and biking distance of employment and shopping centers,

2.    Providing an opportunity for multifamily development to be a transitional use between the commercial and industrial uses allowed in the PC-A Workplace District and the single-family subdivisions on the west side of Williamson Blvd., and

3.    Further encouraging the development of additional employment and shopping centers within the Workplace District by allowing for a small percentage of the area to be developed with multifamily development, creating more housing options for customers and employees of these centers.

 

Item 21 -        First Reading – Ordinance No. 2012-26 – Ordinance Rezoning and Approving a Master Development Agreement & Conceptual Development Plan/Catfish Commons PCD

 

At its September 27, 2012 meeting, the Planning Commission recommended approval of the request to rezone +/- 1.52 acres, located at 4085 Ridgewood Avenue and 4108 Halifax Drive, from “RD” (Ridgewood Development) and “NP” (Neighborhood Preservation) to “PCD” (Planned Commercial Development). If the rezoning request is approved, the MDA and CDP will provide the regulatory framework for the development of a multi-use commercial project.

 

Item 22 -        First Reading – Ordinance No. 2012-27 – Land Development Code Text Amendments/Chapters 2 and 17, Case no. 12-25000005

 

At its September 27, 2012 meeting, the Planning Commission recommended approval of the request to amend Chapters 2 and 17 of the Land Development Code to revise the definition of “master development agreement” and to add language to allow any property owner within the Planned Community Riverwalk (PC-R) zoning district to submit an application for approval of a Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for a defined area within the PC-R zoning district. The proposed MDA and CDP would require recommendations from the Planning Commission and the Port Orange Town Center Community Redevelopment Agency and a City Council decision to approve or deny the proposed MDA and CDP.

This proposed application and approval process for a MDA and CDP within the PC-R district would function similar to the MDAs and CDPs associated with Planned Commercial Development (PCD) and Planned Unit Development (PUD) zoning that has been common practice in Port Orange for the past couple decades.

 

Item 23           First Reading – Ordinance No. 2012-29 – Ordinance Approving a Master Development Agreement & Conceptual Development Plan/Riverwalk Marina & Riverboat, Case No. 12-45000001

 

At its September 27, 2012 meeting, the Planning Commission recommended approval of the MDA and CDP that will modify the adopted Planned Community-Riverwalk (PC-R) Macro Plan, establish the boundary of the “Project Area Property”, and provide the regulatory framework for the development of a 38-slip marina, a marina support building with a restaurant, a riverboat restaurant, and parking. The proposed MDA and CDP regulations will only apply to the “Project Area Property” and no other parts of the PC-R zoning district. The “Project Area Property” is +/- 4.79 acres and located on the east and west side of Halifax Drive, south of Ocean Avenue.

 

City Manager Comments: In September, the concept of the Marina, restaurant, and parking lot was discussed in a joint meeting with the Town Center CRA and the City Council. There was much discussion at that meeting on the location of the parking lots. One of the parking lots is on the east side of Halifax Drive and the other parking lot is on the west side of Halifax Drive. The second policy question relates to payment for the parking lot itself. The MDA has the parking lots being paid for by the developer. The parking lots are available for use by the public as well as individuals going to the restaurant and the marina. What was not clear from the discussion is whether the parking lot construction on the east side of Halifax Drive would be eligible for reimbursement. The way the MDA is, the developer would pay for the improvements and would not be reimbursed when and if the City purchased the property and elected to move the parking lot. The eastern parking lot is needed to meet the parking requirements for the restaurant and marina. The City will need a public easement over the parking lot to be sure that the public can use the parking lot should a property trade/exchange not be completed.

 

Item 24 -        First Reading – Ordinance No. 2012-28 – Code of Ordinances Text Amendment/Chapter 82, Case No. 12-25000005

 

At its September 27, 2012 meeting, the Planning Commission recommended approval of the request to amend Chapter 82 of the Code of Ordinances to remove language prohibiting a business being conducted on a watercraft docked in any publicly dedicated waterway in the city.

If the amendment is approved, the requirement in Chapter 9, Article III, Section 29(b) of the LDC would still prohibit the use of a watercraft docked on a waterway as a business unless a Master Development Agreement is approved by the City Council or a variance is approved by the Planning Commission. The Land Development Code (LDC) is a chapter of the Code of Ordinances; therefore, the requirement would still be in the Code of Ordinances, just located within Chapter 34 (LDC) instead of also being in Chapter 82.

 

 

H.   COUNCIL COMMENTS

 

Item 25           Comments/Concerns from Council Members

 

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

 

Item 26 -        City Council Committee Reports

 

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

 

 

KWP/ckr