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
June 18, 2013
Date: June 13, 2013
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS
The Port Orange/South Daytona Chamber of Commerce will spotlight a local business.
A member of the Port Orange/South Daytona Chamber will be present to provide Council with their quarterly update.
James Moore and Company will be present to provide the external audit report to Council.
C. BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS
Bobby Ball will provide an update to the City Council related to the Citizen Advisory Committee for the TPO activities.
D. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
E. CONSENT AGENDA
Item 8 - Approval of Minutes
Attached are the City Council meeting minutes from recently held meetings. Should you have questions, please feel free to contact Robin or me.
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.
The Port Orange Police Department is requesting use of the City Center Circle from City Center Drive to City Center Boulevard for a National Night Out Against Crime event to be held on August 6, 2013. This is a national event to promote Police/Community partnership. This event would be from 11:30 am to 9:00 pm.
Staff recommends approval to use the City Center Circle for National Night Out Against Crime on August 6, 2013.
In order to provide the broadest financial protection for incidents arising from an environmental event involving pollution and remediation exposure, staff recommends the selection of the proposal provided by XL. Proposals were solicited through the City’s insurance broker, Brown & Brown of Florida, Inc. Three insurance companies provided a response and one declined to quote coverage.
Two insurance companies provided competitively priced programs: XL, the incumbent insurer at $30,463.95 per year and Nautilus Insurance at $30,483.24. The current premium is $32,123.88.
Staff recommends the selection of XL for the pollution liability insurance coverage for the policy term from June 21, 2013 to June 21, 2014, including the coverage for Federal Terrorism Risk Insurance Act (TRIA). XL is the current incumbent and has proposed the most competitive rate. Selecting XL will allow us to see a slight decrease over last year’s premiums. XL is rated A 15 by A.M. Best Rating Guide. Brown & Brown of Florida, Inc. recommend the selection of XL.
Funding Account No.: 504-1000-519-4510
Staff recommends approving the selection of the Indian Harbor (XL) to provide underground and above ground storage tank pollution liability plus a fixed site pollution legal liability insurance coverage for the one year period from June 21, 2013 to June 21, 2014.
The City of Port Orange has utilized school busses from the School Board of Volusia County in the past for transportation during the summer recreational programs as well as the Camp T-Rec programs. The school board also provides certified licensed drivers in the agreement.
It is necessary to enter into an Inter local Agreement with the School Board of Volusia County to continue contracted services and utilization of the school busses for the summer programs. Funds to cover these services are budgeted under account 001 5106 572 4410. Inter local Agreement attached
Staff recommends approval.
F. COMMUNITY DEVELOPMENT (Wayne Clark)
On May 23, 2013, the Planning Commission recommended approval, 5-0 (Commissioners Jordan and Barker absent), to transmit the 13-1 Comprehensive Plan Amendments (CPA) to the required review agencies.
In 2009, a CPA, related to the project referred to as Woodhaven, shifted an approximately 70-acre commercial node near the southern end of the subject property with adjacent residential land use at varying densities. Since that time, as part of the 2010 Comprehensive Plan Update, the city created a mixed-use Future Land Use (FLU) category to serve as an alternative to separate-use categories, and encourage efficient and flexible development patterns.
The applicant is proposing to change the commercial node and some of the area around it to this Mixed-Use Center category with an associated limitation on the overall density. The proposed amendment consists of two requests:
1. Change the FLU designation of ±119 acres of the overall 730 acres from Commercial, Rural Transition, and Suburban Residential to Mixed-Use Center.
2. Amend FLU Element Policy 3.2.3, that provides density/intensity limits for the overall property, to limit the maximum number of residential dwelling units to 1,338 for the portion of the property west of I-95, which is consistent with the density allowed by the currently adopted FLU map.
Staff recommends adopting Resolution No. 13-29, authorizing the transmittal of the 13-1 Comprehensive Plan Amendments to the required review agencies, as recommended by the Planning Commission.
At the May 7, 2013 City Council meeting, residents of Oakbrook and Willow Run spoke to Council about the bridge connecting the two neighborhoods. Some residents favored closing the connection and others supported leaving it open.
The connecting bridge was constructed by the developer of Oakbrook Phase II because it was required by the City’s Land Development Code and the Master Development Agreement for the Oakbrook development. Road connections between adjacent developments (residential and commercial) are standard requirements and provide travel options to improve the overall flow of traffic on the City’s road network.
Staff from Public Safety, Public Works and Community Development analyzed several factors including crime, traffic accidents, traffic speed, school access and others. This information is summarized in the attached report. The research did not indicate any notable problems with public safety related to the connection. The route between Willow Run Boulevard and Yorktowne Boulevard that includes this connection is not direct and includes a number of stop signs and turns. These items make the path an inefficient cut-through for anyone outside of the adjacent neighborhoods. The connection provides more efficient alternatives for Horizon Elementary school traffic and those seeking to avoid the school during drop-off and pick-up times.
Staff recommends maintaining the connection consistent with past City policy requiring interconnection of developments to allow the most efficient use of the city’s road network.
G. CITY ATTORNEY (Margaret Roberts)
The City Attorney and Lonnie Groot, Esquire, City Attorney for Daytona Beach Shores are recommending the use of John J. Upchurch with the firm of Upchurch, Watson, White & Max to serve as the mediator for an hourly rate of $575.00 per hour for a half day mediation. The City Attorney recommends that the cost of the mediator be shared equally by the parties. Several other mediators have been contacted who have similar experience and who have comparable rates.
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.
H. ADMINISTRATION (Greg Kisela)
The City Council discussed the feasibility of a golf cart ordinance on June 22, 2010. Attached is the material that was prepared and presented at that time by the Police Department.
Vice Mayor Burnette asked that this item be placed on the agenda for discussion.
This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information to the City Council about ongoing city activities.
I. COUNCIL COMMENTS
As requested by City Council please find attached a proposed ordinance amending the Audit and Budget Advisory Board to provide for a seven (7) member board.
Staff recommends approving Ordinance No. 2013-9.
At this time council members may discuss various matters or concerns.