MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Donald Burnette

                        Council Member Bob Ford

                        Council Member Drew Bastian

                        Council Member Dennis Kennedy

 

From:              Gregory A. Kisela, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        April 23, 2013

 

Date:               April 17, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Arbor Day Proclamation

 

A proclamation honoring Arbor Day will be read.

 

Item 5 -           Local Business Spotlight

 

The Port Orange/South Daytona Chamber of Commerce will spotlight a local business.

 

C.   TOWN CENTER CRA MEETING

 

·         Approval of Minutes

·         Annual Report Presentation – FY 2011-2012

 

D.   EASTPORT CRA MEETING

 

·         Approval of Minutes

·         Annual Report Presentation – FY 2011-2012

 

E.   CITIZEN PARTICIPATION (Agenda)

 

Item 6 -           Stephen Gaddis – Rose Bay Outfitters – 5765 Ridgewood Avenue

 

Stephen Gaddis will be present to discuss his concerns with parking issues on his property.

 

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

 

G.   CONSENT AGENDA

 

Item 7 -           Approval of Minutes

 

a.    April 16, 2013 – Regular City Council Meeting

 

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

 

Item 8 -           Project Manager’s Report

 

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

 

Item 9 -           Staff Reports - Building Activity Report and Monthly Development Activity Report for March, 2013

 

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

Staff recommends accepting the Staff Reports.

 

Item 10 -        Bike Week Report

 

The Port Orange Police Department will present a report that will detail the number of traffic violations, sound violations, activity and complaints that were investigated during Bike Week.

 

Item 11 -        Crime Report

 

The police department will present a report which details criminal activity in the last quarter.

 

Item 12 -        Amended, Restate, and Renewed Standard Contract for Services with Applied Aquatic Management, Inc.

 

In April, 2012, the City and Applied Aquatic Management, Inc. entered into a Standard Contract for Services pursuant to Bid No. 12-26.  The bid document provides for an initial contract term of one year, with five optional one-year renewals.  On April 24, 2012, Council approved an initial effective date of May 1, 2012 through April 30, 2013, with five optional one-year renewals.  The Standard Contract for Services entered into in April 2012 provides for a term of 90 days following the issuance of a Notice to Proceed.  The Amended, Restated and Renewed Contract restates the terms of the contract consistent with the bid documents and Council’s prior approval, and renews the contract for an additional term of one year commencing on May 1, 2013 and continuing until April 30, 2014.

 

Funding Account No.                                                         41218005413414 - $29,640.00

                                                                                                45054005793414 - $  5,700.00

                                                                                                00144005723414 - $  2,688.00

 

Staff recommends approval of the Amended, Restated and Renewed Agreement for Services with Applied Aquatic Management, Inc. for treatment of lakes, retention ponds, canals and ditches pursuant to Bid No. 12-26, and authorizing the Mayor and City Clerk to sign all required contract documents.

 

Item 13 -        Garnsey Water Plant Rehabilitation 2013, Bid Award Bid #13-20

 

The Garnsey Water Treatment Plant processes approximately over 6 million gallons of drinking water every day for us.  It is essential that all water treatment processes machineries and structures are kept in proper and efficient working order to meet the Department of Health’s stringent water quality requirements.  The very nature of the working environment within the water plant is highly corrosive and endures excessive wear and tear on motors and machinery equipment.  This Capital Improvement Plan Project has now been successfully, designed, planned, permitted, and bid in accordance with the City’s Capital Improvement Plan and City codes. 

This project which was previously identified in the City’s Capital Improvement  Plan is now ready for construction bid award. Funding for this project is available from the account entitled WWP006 Water Plant Improvements.  We are therefore requesting that you award a contract, including the Base Bid + Bid Alternate #1 to L7 Construction, Inc., in the amount of $721,997.00.   

Project No.: WWP006 Funding Account No.: 40302005336397

Staff recommends approving the award of a contract to the firm of L7 Construction, Inc. for Bid #13-20, Garnsey Water Plant Rehabilitation 2013 Project,  in  the amount of $721,997.00, and authorizing the Mayor and City Clerk to execute the associated contract documents.

 

Item 14 -        Case no. 13-97500001/Proposed License Agreement – a portion of Lots 15 and 16, Block 14, Plat No. 1 Portona Subdivision

 

Staff has received a right-of-way license agreement application for a portion of the Fifth Street right-of-way frontage of Lots 15 and 16, Block 14, Plat no. 1 Portona subdivision. Robert A. Miller and William Sherrier, the property owners, have made this application in connection with a proposal to reconstruct the driveway and the right-of-way apron for their home with decorative pavers. A building permit application has been submitted for the proposal as described.

 

The applicant has been advised of applicable requirements and the License Agreement review process. The license agreement has the effect of requiring the property owner to maintain and if necessary, replace these improvements per the accepted standard construction requirements of the City. Further, should the property owner fail to abide by this requirement, it provides the City with the ability to take necessary corrective actions at the expense of the property owner.

 

The License Agreement Application has been reviewed for completeness and accuracy. The area has been inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. There are no street sidewalks along Fifth Street at this location, therefore liability concerns have been determined to be minimal.

 

Staff recommends authorizing the Mayor and City Clerk to act on behalf of the City to execute a License Agreement for a portion of Lots 15 and 16, Block 14, Plat no. 1 Portona subdivision.

 

Item 15 -        East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System

 

The attached document modifies the current Interlocal Agreement Providing for the establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System, by adding the cities of Daytona Beach Shores, Daytona Beach, Holly Hill, and Ormond Beach. The current agreement expires September 30, 2014; the proposed modification would extend the expiration date to September 30, 2018.

 

The addition of the four east Volusia cities represents a further enhancement to the current closest unit response agreement by further streamlining the dispatching of critical EMS and fire resources to emergencies anywhere in eastern Volusia County. The modification has the potential to increase the level of fire service our residents currently enjoy without placing any additional service demands on the department.

 

As a side note, a signed closest unit response agreement is required by the County EMS Ordinance for those fire departments providing Advanced Life Support. The Interlocal Agreement Providing for the establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System continues to satisfy the ordinance requirement.

 

Fire Administration recommends approval of the modification to the Interlocal Agreement Providing for the establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System.

 

Staff recommends approving the modification of the current Interlocal Agreement providing for the establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System.

 

Item 16 -        Subdivision Replat & Final Plans and Subdivision Improvement Agreement/New Port Subdivision Case No. 12-50000001

 

At its February 28, 2013 meeting, the Planning Commission recommended approval,    7-0, of the Replat & Final Plans for the New Port Subdivision. The 11.7 +/- acre site is located at the southeast corner of Clyde Morris Boulevard and Reed Canal Road. If approved, the property will be split into five commercial lots with cross access easements and a shared stormwater retention area. The staff report is attached for more information.

 

The Subdivision Improvement Agreement (SIA) includes utility, sidewalk, and turn lane improvements within the Reed Canal Road right-of-way. The SIA has been executed by the property owner and is attached.

 

Staff recommends approving the Replat & Final Plans for the New Port Subdivision as recommended by the Planning Commission and to approve the Subdivision Improvement Agreement.

 

H.   FINANCE (Wayne Saunders)

 

Item 17 -        Finance Report

 

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

 

I.      COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 18 -        Second Reading - Ordinance No. 2013-4 – Ordinance Approving the First Amendment to the Master Development Agreement for the Nova Depot Planned Commercial Development, Case No. 12-40000002

 

At its January 24th, 2013 meeting, the Planning Commission recommended approval (7-0), of the 1st Amendment to the MDA. If the amendment is approved, it will create the regulatory framework for a three lot commercial subdivision on 3.64 acres of vacant land. The listed permitted uses include retail, office, personal services and restaurants. The size of each of the three lots will each be slightly over one acre. The lots will share one driveway and have cross connections in order to limit access points to Nova Road. The staff report is attached for more information.

 

Staff recommends approving Ordinance No. 2013-4, the 1st Amendment to the Nova Depot Planned Commercial Development Master Development Agreement (MDA) dated February 15th, 2013, as recommended by the Planning Commission.

 

Item 19 -        First Reading – Ordinance No. 2013-5 – LDC Text Amendments/Chapters 2, 12, 17, and 18 (Ridgewood Corridor Plan Implementation), Case No. 13-25000001 (Continued on April 2, 2013)

 

On February 28, 2013, the Planning Commission recommended approval of the subject Land Development Code (LDC) Amendments.

 

On January 15, 2013, the Ridgewood Corridor Plan (RCP) was adopted by the City Council (Resolution 13-2). The main objectives of the RCP are to improve the corridor by making it more attractive, improving its economic position, and minimizing activities that discourage investment.

 

The proposed amendments are one of the initial steps in the implementation of the RCP. The first three amendments were identified in the short-term strategies section of the RCP:

 

1. Remove “construction contractor’s yard and storage” and “motel” as permitted uses in the RD zoning district;

2. Allow alternative surfaces for parking lots south of Dunlawton Avenue; and

3. Allow drought tolerant landscape material in the Ridgewood Avenue landscape buffer.

 

In addition, there are two other proposed amendments to clarify regulations for residential uses in the Ridgewood Development (RD) District and to prevent inconsistency between the Comprehensive Plan and the LDC.

 

Staff recommends adopting Ordinance No. 2013-5, amending Chapters 2, 12, 17 and 18 of the Land Development Code (LDC), as recommended by the Planning Commission and amended based on City Council direction.

 

Item 20 -        Resolution No. 13-23 - Proposed Drainage and Utility Easement Vacation – Lot 9, Riverwood Phase II Subdivision Case no. 13-35000003

 

Staff has received an easement vacation application for a 2.00 foot wide portion of a 10.00-foot wide drainage and utility easement located along the rear of Lot 9 of the Riverwood Phase II subdivision development. Ronald E. Cochran and Leslee J. Cochran, the property owners, have made this application in connection with a proposed pool, pool deck, and screen pool enclosure to be constructed in the easement area.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. The area has been inspected with respect to City codes and possible effects to adjacent properties resulting in no outstanding concerns. Building permit applications have been received for the proposed pool and enclosure. The pool, deck, and enclosure will not encroach in to minimum side or rear yard building setback areas and will not exceed total allowable lot coverage. City departments have reviewed this request and have no outstanding concerns. There are no drainage or utility improvements proposed for this area. Utility company release letters have been obtained for the area of the easement described in Exhibit “A”. This portion of the easement may be vacated since it is not being used.

 

Staff recommends approving Resolution #13-23, vacating a drainage and utility easement located on Lot 9 of the Riverwood Phase II subdivision development per the attached legal description Exhibit “A”.  

 

J.    CITY ATTORNEY (Margaret Roberts)

 

Item 21 -        City Attorney’s Comments

 

The City Council asked that the Agenda format include an agenda item that would allow the City Attorney to report and update City Council members.

 

K.   ADMINISTRATION (GREG KISELA)

 

Item 22 -        City Manager’s Comments

 

This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information about ongoing city activities.

 

L.    COUNCIL COMMENTS

 

Item 23 -        Comments/Concerns from Council Members

 

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

 

Item 24 -        City Council Committee Reports

 

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

 

KWP/rlf/ckr