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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. 2 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. 3 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. 5 �- sa`« 4