HomeMy WebLinkAbout04-19-11 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
April 19, 2011 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Presentation of Award to Chick -fil -A from the Ocoee Police Department. (Police
Chief Brown)
Proclamation for Arbor Day — April 29, 2011. (Mayor Vandergrift)
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE
ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS
DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL
INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM
WILL BE CONSIDERED SEPARATELY.
1. Approval of Minutes for the Regular Commission Meeting Held April 5, 2011.
(City Clerk Eikenberry)
2. Reappointment to Board of Adjustment. (City Clerk Eikenberry)
Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide
appeals for administrative review, to hear and recommend to the City Commission variances to zoning
ordinances. This Board consists of five (5) regular members and two (2) alternate members.
The three -year terms of Michael Ellliott, John Resnik, and Fred Wilsen ends May 2011. All have
indicated their willingness to serve another term, if reappointed. There are currently no applications on
file for this board.
3. Approval of Memorandum of Understanding to Join the Internet Crimes
Against Children Central Florida Task Force. (Deputy Police Chief Goclon)
The City of Ocoee Police Department has the opportunity to become a participating member in the
Internet Crimes Against Children (ICAC) Central Florida Task Force and is requesting permission to
sign and enter into a Memorandum of Understanding with Federal, State, and local law enforcement
agencies to allow a trained task force investigator to actively participate in investigating and
dismantling sources of Internet child pornography operating within the city limits of Ocoee.
Task force membership does not require an officer be assigned full -time. An officer from the Ocoee
Police Department, who already conducts such investigations, will provide support and assistance
when requested by other task force members.
City Commission Regular
April 19, 2011
4. Approval of Application for Department of Homeland Security Grant. (Police
Chief Brown)
On April 1, 2011, the Police Department received notification that it was awarded a $235,000 non-
matching grant by the U.S. Department of Homeland Security and Florida Department of Law
Enforcement for police station facilities security improvements. The Police Department applied for the
grant to purchase security fencing with automatic gates for the non - public areas of the police
headquarters building. This is a reimbursement grant.
5. Approval of Payment to the City of Winter Garden for the Relocations of the
Ocoee Water Main on East Crown Point Road and Plant Street. (City Engineer
Wheeler)
The City of Winter Garden is performing road improvements and widening to Plant Street in the area
of East Crown Point road west to the railroad tracks. The City of Ocoee has a 12 inch water main
along the east side of East Crown Point Road and the south side of Plant Street as part of its water
utility distribution system. This water line is in conflict with the proposed improvements at two
locations at the intersection of the two roads — at a proposed stormwater catch basin on East Crown
Point Road and at a proposed road turnout on Plant Street. The Ocoee Engineering Department
designed the relocation of the water main in the two locations and provided the plans to Winter Garden
to include in their bid documents. Dewitt Excavating, Inc. was the low bidder for the Plant Street
Road Improvements project; their bid price for the two relocations of the Ocoee water main was
$18,308.03.
6. Approval of Amendment to the Scope for the City -Wide Letter of Map Revision
on the 2009 FEMA Flood Insurance Rate Map Being Prepared by Pegasus
Engineering, Inc. (City Engineer Wheeler)
In August of 2010, the City Commission approved using Pegasus Engineering, Inc. to perform the
City-Wide Letter of Map Revision (LOMR) and to work with FEMA in correcting the FIRM maps that
govern Ocoee. The work included performing analyses of various lakes, conveyance systems, and
wetlands throughout Ocoee to revise and more accurately delineate the 100 -year base flood elevation
as determined by FEMA. The Northwest Ditch and the Lake Lotta tributary were not included because
there is concern with the elevations projected by FEMA.
Upon review by FEMA the City has been asked to coordinate the work with Orange County as some of
the water bodies and their respective drainage basins cross out of the City Limits. Additionally, FEMA
is requiring the City to notify all property owners where the flood line encroaches horizontally farther
into their property, although the actual elevation is not increasing. This task is requiring Pegasus to
look in detail at each water body and adjacent parcels and determine if the FEMA established flood
line is moving based upon the actual location of that elevation contour. FEMA is also requiring the
City to notify only those property owners where the flood line encroaches into their property. The cost
to perform this additional work is $8,786.26. Staff had also requested an amount not to exceed $5,000
to be used for review of any other LOMRs to be submitted from other property owners. Staff proposes
to use the remaining $3,780.30 in this purchase order to cover part of this additional expense.
7. Approval for Request to Sole Source Purchase of Blackwood Avenue Street
Lights. (CRA Administrator Wagner)
At the March 1, 2011, City Commission Meeting, the Mayor and Commissioners approved a sole
source purchase of street lights for the Blackwood Avenue Streetscape project not to exceed
$50,000.00. Even though the light fixtures themselves ($20,220) are produced by Phillips/Lumec, the
lighting poles needed for the project are produced by a subsidiary company, Phillips/USS
Manufacturing at a cost of $28,048. Although this company is a division of Phillips/Lumec, the actual
amount exceeds the $25,000 approval limit for the City Manager. Consequently, the Mayor and City
Commission must approve this purchase.
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City Commission Regular
April 19, 2011
G. SECOND READING OF ORDINANCES — PUBLIC HEARING
8. 529 Ocoee Apopka Road. (Advertised in the Orlando Sentinel on Thursday, April 7, 2011).
(Principal Planner Fabre)
On March 17, 2009, the City of Ocoee City Commission reviewed and approved the Annexation for
the subject property with an Initial Zoning designation of "C -1" for the northern parcel. The northern
parcel already was designated with a Future Land Use of "Commercial" but the southern parcel needed
a small -scale Comprehensive Plan Amendment in order to have an initial commercial zoning
designation. At the time of approval, the City was prohibited from adopting comprehensive plan
amendments because it had not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to
the Florida Department of Community Affairs ( "DCA "). On December 13, 2010, the DCA determined
that the adopted EAR was sufficient, pursuant to Section 163.3191(2), Florida Statutes. Therefore, the
City of Ocoee can now adopt small -scale comprehensive plan amendments.
a. Small Scale Comprehensive Plan Amendment
b. Rezoning Ordinance
9. West Property. (Advertised in the Orlando Sentinel on Thursday, April 7, 2011). (City
Planner Rumer)
A small -scale Comprehensive Plan Amendment from Low Density Residential (LDR) to Light
Industrial was approved by the City Commission on October 5, 2010, and forwarded to the State
Department of Community Affairs (DCA). DCA provided a letter on November 2, 2010, accepting the
amendment without review. The proposed rezoning designation of I -1 is consistent with the Light
Industrial land use designation.
A pre - annexation agreement is in effect for the subject property which provides a list of prohibited
uses and sets requirements for architectural details.
a. Rezoning Ordinance
b. Development Agreement and Declaration of Restrictions. (Not a Public
Hearing)
H. REGULAR AGENDA
10. Approval of Resolution Supporting SunRail, Central Florida's First Passenger
Rail Project. (Public Works Director Krug)
At the March 9, 2011, meeting of the MetroPlan Orlando Board, a great deal of discussion was held
regarding the importance of the commuter rail project to the Central Florida region. With gas prices
continuing to soar and air quality getting worse, those present felt it more apparent than ever that the
regions governments continue to present a united front surrounding this project. It is important to our
region now, and is especially important to our region's future. The Board decided to ask each local
government in our region to send a resolution of support for the project.
Ocoee's execution of this resolution supporting the SunRail project is another distinctive step in the
long range plan for providing commuter rail through Ocoee. Staff recommends approval.
11. Approval of Award Bid #B11 -02 Pioneer Key Phase 1 Mobile Home Park
Rehabilitation Project to Pospiech Contracting, Inc., for the Original Bid Price
of $1,788,711.15 Modified by a Change Order for $75,698.00 and Establish a
Remaining Project Budget of $2,012,000.00. (CIP Manager Butler)
The original contractor for the Pioneer Key I Rehabilitation Project has defaulted and a claim has been
made on the performance bond. In order to minimize the impact of this occurrence on the City, staff
recommends that the work be awarded to the second - lowest bidder in the original solicitation, which
was Pospiech Contracting, Inc. (Inverness, FL), at the original bid prices. A concurrent change order
is needed to adjust a few unit prices to reflect material cost increases since last fall, when the bids were
opened, and to make changes in bid quantities. In order to make the project award to Pospiech, a total
budget increase of $44,000 is required from three funding sources to provide a remaining project
budget of $2,012,000. A savings of $18,000 in Water Utility funding will also be realized, bringing
the net budget change to $26,000. Making the award to Pospiech should allow work to begin in May
and thereby preserve our $1.2 million CDBG grant.
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City Commission Regular
April 19, 2011
I. STAFF ACTION ITEMS
J. COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE
CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 - 3105 48 HOURS IN ADVANCE OF THE
MEETING.
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