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

                        November 12, 2013

 

Date:               November 7, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL REPORTS

 

Item 4 -           Representative David Hood

 

At this time, Representative Hood will be present to update Council.

 

Item 5 -           Volunteer in Police Services (VIPS) Recognition

 

The Port Orange Police Department would like to present VIPS Mary Wittmeyer with a plaque recognizing her 30 years of service as a Volunteer in Police Service.

 

C.   EASTPORT CRA MEETING

·         Approval of Minutes

·         Approval of Scope of Work and Authorization to Issue RFP for Design and Construction of Eastport Identification Sign

 

D.   BOARD APPOINTMENTS, INTERVIEWS, & REPORTS

 

Item 6 -           Citizen Advisory Committee for TPO

Bobby Ball will provide an update to the City Council related to the Citizen Advisory Committee for the TPO activities.

 

Item 7 -           Audit & Budget Advisory Board Report

 

Chairman Ted Noftall and other members will be in attendance to provide details of the Board’s recent meeting and answer any questions Council may have.

 

E.   CITIZEN PARTICIPATION (Agenda)

 

Item 8 -           Port Orange/South Daytona Chamber of Commerce – Use of the City Logo in the Business Resource Guide

 

Debbie Connors will be present to request permission to use the City’s logo in the Business Resource Guide. It has been used for several years in the past and the Chamber would request Council’s permission to continue the use.

 

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

 

G.   CONSENT AGENDA

 

Item 9 -           Approval of Minutes

a.    October 15, 2013 – Regular City Council Meeting

b.    October 22, 2013 – Regular City Council Meeting

c.    October 22, 2013 – Special City Council Meeting

d.    November 5, 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 10 -        Staff Reports - Building Activity Report and Monthly Development Activity Report for October, 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.

Item 11 -        Biketoberfest 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 Biketoberfest.

 

H.   Finance (Wayne Saunders)

Item 12 -        Resolution No. 13-78 – Budget Appropriation – Budget Encumbrances & Project Carryovers

 

At the City’s fiscal year ending September 30, 2013, budget appropriations lapse.  The attached Resolution re-establishes these appropriations for funding the open purchase orders and projects that were either not completed or started by the fiscal year end.  These carryover appropriations re-establish proper budget project funding and budgetary alignment of projects.  The operating funds have the required equity balances after appropriation of this resolution. Please see the attachments for the specific detail.

 

Staff recommends approval of Resolution No. 13-78. 

 

Item 13 -        Resolution No. 13-79 – Budget Appropriation – Budget Execution

 

The City Staff has completed a review of the fiscal year September 30, 2013 budget execution. The attached budget resolution provides for the recognition of the budget changes recommended from this review. Please see the attachments for the specific detail.

 

Staff recommends approval of Resolution No. 13-79. 

 

Item 14 -        Resolution No. 13-80 – Budget Appropriation – Budget Additional Carryovers

 

At the City’s fiscal year ending September 30, 2013, budget appropriations lapse.  The attached Resolution re-establishes these appropriations for funding the additional projects that were either not completed or started by the fiscal year end.  These carryover appropriations re-establish proper budget project funding and budgetary alignment of projects.  The operating funds have the required equity balances after appropriation of this resolution.  Please see the attachments for the specific detail.

 

Staff recommends approval of Resolution No. 13-80.

 

Item 15 -        Resolution No. 13-82 – Budget Appropriation - $30,000 Donation for Spruce Creek Park Baseball Field Upgrade Project

 

The City has received a pledge for a donation of $30,000 to be used to partially fund the Spruce Creek Park Baseball Field Upgrade project.  This resolution provides for the recognition of these donated funds.

 

Project No.:    QPC050         Funding Account No.:       315-5100-572-63-97

 

Staff recommends approving Resolution No. 13-82.

 

I.      COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 16 -        First Reading – Ordinance No. 2013-10 - LDC Text Amendment/Chapter 17 – Planned Unit Development (PUD) and Planned Commercial Development (PCD) Regulations, Case no. 13-25000002 (Continued from July 23, 2013 & October 1, 2013)

 

At its April 23, 2013 meeting, the Planning Commission recommended approval of the proposed amendment to allow commercial, office, recreation and government/public uses along with residential uses in a Planned Unit Development (PUD) and to clarify and update requirements for a Planned Commercial Development (PCD) and PUD.

As part of the ongoing effort to improve the aging Land Development Code (LDC), staff’s research found that sections of the code pertaining to PUD and PCD zoning districts had inconsistencies and requirements that needed updating.

 

1. Allow a mix of uses in a PUD. The code currently limits PUDs to residential uses only. Since 1990 there have been a number of approved mixed-use PUD projects with substantial commercial components. This amendment will clarify the inconsistent application.

 

2. Clarification of processes and past practices related to the required amount of open space and common open space for a project, modifications to a MDA or CDP based on revisions made by Council during the approval process, assignment of maintenance responsibilities, and applicability of variances.

 

3. Remove duplicated procedural requirements from Chapter 17. In the fall of 2012, the City Council approved text amendments to the LDC to consolidate all procedural requirements for development review into Chapter 3. The duplicate language related to PUDs and PCDs was inadvertently not included with that clean-up amendment.

 

This item was continued from the July 23, 2013, August 20, 2013 and October 1, 2013 Council meetings. Council may have a policy discussion regarding PUD’s and PCD’s or this item can be continued again.

 

Item 17 -        First Reading – Ordinance No. 2013-19 - Ordinance Approving the Restatement of the 1st Amendment to the Master Development Agreement for the Nova Depot Planned Commercial Development Case No. 13-40000003

 

The 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Nova Depot Planned Commercial Development (PCD) was originally approved by the City Council and recorded in May 2013. The property owner included language in the MDA that the amendment would expire and revert back to the original MDA if the developer did not close on the property within 60 days of recordation of the 1st Amendment. The developer was unable to meet the 60-day deadline and the amendment expired. The proposed restatement, if approved, will extend the expiration date of the amendment to allow for the developer to finalize the purchase of the property and provide the regulatory framework and development requirements for three commercial lots.

 

There are no other proposed changes to the proposed MDA or CDP. The staff report and attachments are the same information and materials presented to the City Council in March.

 

Staff recommends adopting Ordinance No. 2013-19, the Restatement of the 1st Amendment to the Nova Depot Planned Commercial Development Master Development Agreement (MDA), as recommended by the Planning Commission.

 

Item 18 -        Request to Reduce the Planned Commercial Development (PCD) Amendment Application Fee for the Review of the Restated 1st Amendment to the Nova Depot PCD, Case no. 13-40000003

 

On August 27th, James S. Morris, P.A., applicant, submitted an application to Restate the 1st Amendment to the Nova Depot PCD. The 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Nova Depot Planned Commercial Development (PCD) was originally approved by the City Council and recorded in May 2013. The property owner requested language in the MDA that the amendment would expire and revert back to the original MDA if the developer did not close on the property within 60 days of recordation of the 1st Amendment. The developer was unable to meet the 60-day deadline and the amendment expired. The restated 1st Amendment to the Nova Depot MDA (2nd reading scheduled for the November 12th Council Meeting) extends the expiration date to allow for the developer to finalize the purchase of the property and provides the regulatory framework and development requirements for three commercial lots.

 

The applicant is requesting that the City Council reduce the $6,500 application fee (see attached letter) to match the actual staff cost for review. Because the amendment was previously approved by Council in May 2013 and the only change was to extend the expiration date, significantly less staff review time was required than is typical for a new PCD Amendment Application.  The cost for staff’s review of this application is estimated to be $1,200 (12 employees spent about 14 cumulative hours processing and reviewing this application).

 

The applicant (James S. Morris, P.A.) is requesting the City Council reduce the $6,500 PCD Amendment Application fee to the actual staff cost for review.         

 

Item 19 -        First Reading – Ordinance No. 2013-20 – 13-1 Large-Scale Comprehensive Plan Amendment Adoption/CC Woodhaven LLC; Case no. 13-20000001

 

The Port Orange City Council approved the transmittal of the subject plan amendments to the Department of Economic Opportunity (DEO) and other review agencies, per Resolution No. 13-29, at a public hearing held on June18, 2013, as recommended by the Planning Commission.

 

In 2009, a Comprehensive Plan Amendment, 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 provide for 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 continuing this item to December 3, 2013 as there was an error in the required advertisement. The advertisement has been placed for the December 3, 2013 agenda. The applicant is in agreement with the continuance and the neighbors have been notified.

Item 20 -        First Reading – Ordinance No. 2013-21 – 2nd Amendment and Restatement of the Stanaki (Woodhaven) Master Development Agreement and Conceptual Development Plan

The Master Development Agreement (MDA) for the Planned Unit Development (PUD) designation constitutes a zoning document for the property, establishing permitted uses and certain development requirements. It does not grant approval of any specific development itself, but rather establishes parameters for how the property can be developed.

 

The 983-acre PUD is generally located south of Spruce Creek and north of Pioneer Trail. The proposed development will be accessed from Williamson Boulevard and Martin Road. The original Stanaki PUD dates back to 1997 (with an amendment in 2001). The subject PUD amendment and restatement is intended to bring the PUD into compliance with the Comprehensive Plan and is tracking through the review process concurrently with the proposed 2013-1 Comprehensive Plan amendment. The MDA states that the proposed development will consist of a maximum of 1,338 residential units (distributed within the Residential and Mixed-Use Pods) and a maximum of 650,000 square-feet of non-residential uses (commercial, office, and institutional) located within the Mixed-Use Pod at the south end of the property.

 

PLANNING COMMISION ACTION: September 26, 2013, recommended approval, (7-0)

 

Staff recommends continuing this item to December 3, 2013 as there was an error in the required advertisement. The advertisement has been placed for the December 3, 2013 agenda. The applicant is in agreement with the continuance and the neighbors have been notified.

 

Item 21 -        First Reading - Ordinance No. 2013-25 – Adoption of the 2013 Comprehensive Plan Capital Improvements Element (C.I.E.) Annual Update, Case no. 13-27500001

 

Every year local governments are required to update their Capital Improvements Element (CIE), including the Five-Year Schedule of Capital Improvements (Schedule). The purpose of the C.I.E. and the Schedule is to identify the capital improvements in the adopted Capital Improvements Program (CIP) 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 C.I.E. include the updated Schedule (copied from the adopted FY 2013/14 – 2018/19 CIP) and 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; and

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

 

PLANNING COMMISSION ACTION: October, 24, 2013; Recommended approval (6-0)

 

Staff recommends adopting Ordinance No. 2013-25, amending the Capital Improvements Element of the City’s Comprehensive Plan, in accordance with Florida Statutes.

 

Item 22 -        First Reading – Ordinance No. 2013-26 – Ordinance Approving the 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village Planned Unit Development (PUD), case no. 13-40000001

 

At the September 17th, 2013 City Council Meeting, the City Council sent the proposed Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village Planned Unit Development (PUD) back to staff for the applicant to decrease the number of lots and revise the lot configuration and dimensional requirements for the proposed lots.  The applicant has made the requested changes to the MDA and CDP. The attached staff report provides more detail on the changes to the MDA and CDP.

 

At its October 23, 2013 meeting, the Planning Commission recommended approval (6-0) of the revised proposed 1st amendment to the MDA and CDP for the Bermuda Village PUD.

 

The revised proposed 1st amendment provides the regulatory framework to create a 3-lot single-family infill development along with the dimensional requirements for the lots, permitted uses, and renames the PUD from Bermuda Village to Riverbank Properties.

 

The development proposal is to reconfigure four existing lots of record into three lots that front onto Katherine Street. The proposed new lots will be accessed from Katherine Street and developed with single-family homes, along with associated improvements as required by the Land Development Code (LDC) and Master Development Agreement.

 

Staff recommends approving Ordinance No. 2013 – 26, approving the 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village PUD, as recommended by the Planning Commission.

 

Item 23 -        Historic Tree Removal Request, FPL Magnolia Substation

 

At its October 15, 2013 meeting, the Environmental Advisory Board (EAB) recommended approval (6-0) of the proposed historic tree removal request to remove 3 of 14 historic trees located on the FPL Magnolia Substation site. 

 

Alternate transmission line routes and siting for the substation were considered during the design phase to minimize large tree removal. The majority of the specimen and historic trees are located on the eastern portion of the site. The substation was pushed as far to the west as possible to avoid a cluster of 5 historic trees to the east. The resulting proposed plan was chosen to minimize the impact to historic trees while meeting the operational needs for the utility. The standards of review for tree removal include considering the extent to which the actual or intended use of the property requires removal of trees. The intended use of the property would be difficult to achieve without the removal of 3 historic trees due to their location and the route needed to be taken for high voltage transmission line connections to the substation.

 

Historic trees approved for removal on commercial property are to be mitigated pursuant to Resolution 02-71.  Mitigation for the three historic trees is tabulated to be (67) 4-1/2” caliper, 14’ tall replacement trees or a $22,667 tree bank contribution. Since the remaining site area outside of the required electrical clearance zone will remain forested the recommendation was made to accept the $22,667 tree bank payment instead of replacement trees. Staff recommends approval of the historic tree removal request to remove 3 historic trees subject to a $22,667 tree bank contribution as outlined in Resolution 02-71, as recommended by the Environmental Advisory Board.

 

Staff recommends approving the historic tree removal request to remove 3 of 14 historic trees located on the FPL Magnolia Substation site, as recommended by the Environmental Advisory Board.

 

J.    PUBLIC UTILITIES (Jason Yarborough)

 

Item 24 -        Second Reading – Ordinance No. 2013-23 – Suspension of Reclaimed User Charges

 

 

Staff is recommending that the City Council give the City Manager the authority to suspend reclaimed water user charges other than the minimum monthly charges for all reuse customers during exceptional times. Suspending this charge will remove the financial barrier for customers and encourage them to increase their use of reclaimed water.

 

It is anticipated that suspending these charges would reduce revenue by $30,000 to $50,000 a month depending on time of year.

 

Staff recommends approving Ordinance No. 2013-23, amending Code of Ordinances, Section 74-202(c).

 

Item 25 -        Resolution No. 13-81 – Sale of 1.0 State Wetland Mitigation Bank Credits to the City of Port Orange for the Spruce Creek Recreational Facility Ball Field Modifications Project

 

Susan Lovallo, Director of Port Orange Parks & Recreation Department has requested the purchase of 1.0 State wetland mitigation bank credit for St. Johns River Water Management District Application No. IND-127-22866-2. The requested purchase is required to off-set proposed wetland impacts for modifications to the Spruce Creek Recreational Facility Ball Field.

 

The unit cost of the credits utilizes our established policy of a discounted rate of $40,000 per credit as established by Resolution No. 12-47. The Port Orange Mitigation Bank has sufficient credits available for this project and your approval is requested at this time.

 

Upon approval/adoption of the proposed Resolution and payment received in full, the City shall take formal action to officially record the sale in the Mitigation Bank Ledger and shall notify St. Johns River Water Management District to release the 1.0 credit for this project.

 

Project No.  QPC 050 Funding Account No. 315-5100-572-6397

 

Staff recommends approving Resolution No. 13-81 authorizing the sale and transfer of 1.0 wetland mitigation bank credit from the Port Orange Mitigation Bank in the total amount of $40,000 for a City Parks & Recreational Department project and to authorize the Mayor and City Clerk to execute transaction documents as needed.

 

K.   CITY ATTORNEY (Margaret Roberts)

 

Item 26 -        First Reading – Ordinance No. 2013-22 – Residency requirement for Administrative Officials

 

The City Council in its meeting of October 1, 2013 requested an ordinance requiring newly hired administrative officials to reside within the City of Port Orange.  The Code of Ordinances Section 2-186 sets forth the list of administrative officials.

Staff recommends adopting Ordinance No. 2013-22, relating to residency requirements for administrative officials.      

Item 27 -        City Attorney’s Report

 

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.

 

L.    ADMINISTRATION (Greg Kisela)

 

Item 28 –       Second Reading – Ordinance No. 2013-24 – Fire Pension Amendment

 

During the FY14 budget workshop, the City Council authorized the City Manager to re-establish the position of Fire Chief and provide a mechanism for reducing associated pension costs. The position was advertised with two salary ranges depending upon which pension plan the candidate chose—the defined benefit pension plan or the ICMA-RC 401A defined contribution plan. All four finalists were interested in the ICMA-RC 401A plan.

After consultation with the City’s labor attorney and pension attorney, the attached ordinance was prepared to amend the Port Orange Fire and Rescue Pension Fund to allow the Fire Chief position, only, to opt out of membership. Second reading has been advertised for November 12, 2013. An actuarial impact statement has been requested and will be available prior to second reading.

Staff recommends approval of Ordinance No. 2013-24 amending the Fire and Rescue Pension Fund to allow the Fire Chief to opt out of membership and to authorize the Mayor and City Clerk to execute appropriate documents.

 

Item 29 -        City Manager’s Report

 

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.

 

29a. S. Williamson Blvd Extension Project TRIP funding opportunity

 

Please see background information on the S. Williamson Blvd. Extension.  I spoke to Jerry Brinton, County Engineer/Director of Engineering & Construction for Volusia County and he has requested we provide a letter of support to the TPO for this TRIP funding.   As a result I will be walking this on  Tuesday night at the City Council  meeting for your consideration.

 

M.   COUNCIL COMMENTS

 

Item 30 -        Comments/Concerns from Council Members

 

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

 

GAK/rlf