HomeMy WebLinkAbout09-06-11 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
September 6, 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
Proclamation — Emergency Preparedness Month — September 2011. (Mayor
Vandergrift)
Districting Commission Report — Vice Chair Victoria Laney
Presentation Regarding "All In Campaign" — Dick Batchelor and Sara Isaac
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 August 16,
2011, and Budget Workshop Minutes of August 8, 2011, and August 17, 2011.
(City Clerk Eikenberry)
2. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve two -year terms. Currently, the Human
Relations Diversity Board has seven (7) members and their resolution allows no less than seven (7)
members and no more than fifteen (15) members. One application was received from Mr. Michael
Snytkin with an interest in serving on the board.
3. Approval of Railroad Reimbursement Agreement for Municipal Grade Crossing
Traffic Control Devices — Russell Drive. (Public Works Director Krug)
This agreement provides for funding from the Federal Highway Administration to the FDOT to install
new railroad grade crossing signals on Russell Drive at the Florida Central Railroad crossing. The
purpose of this agreement is to allocate the Federal funds to upgrade existing grade crossing signals,
which are over 30 years old, to meet current requirements.
City Commission Regular
September 6, 2011
4. Approval of Reallocation of Remaining FY2011 Fire Department Rescue Truck
Project Funds to FY2012 for the Purpose of Combining it with Grant Funds
Received from the Florida Department of Health for the Purpose of an
EMSTARS Compliant Field Data System. (Fire Chief McNeil)
On February 15, 2011, the City Commission approved the Fire Department a budget amendment to
utilize $197,500 from the sale of three surplus trucks for the purchase and equipping of two used
transport capable rescue trucks. The two trucks have been completed and the total project cost came to
$140,367.16, leaving a balance of $57,132.84 in the project. The Fire Department would like to
combine that remaining balance with grant funds in the amount of $40,462 that have been received
from the Florida Department of Health for the purchase of an EMSTARS compliant field data system.
An RFP will need to be completed for that purchase, thus creating the need to also carry these funds
over to FY2012.
5. Approval of Traffic Enforcement Agreements for Bordeaux Condominiums,
Brookstone Property Owners Association Inc., Cross Creek Homeowners
Association, Inc., Forest Brooke Homeowners Association, Meadow Ridge
Homeowners Association, Inc., McCormick Woods Homeowners Association,
Inc., Prairie Lake Reserve, Westyn Bay Community Association, Inc., and
Windsor Landing Homeowners Association, Inc. (Police Chief Brown)
A traffic enforcement agreement is required by Florida State Statutes 316.006(2) in order for the City
of Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the
limits of the gated subdivisions. The above named communities are requesting such an agreement.
Any previous agreements are either expired or in need of revision. Foley and Lardner revised the
agreements.
6. Approval of Change Order No. 2 with Atlantic Civil Construction Corp. in the
amount of $6,515.89, and to Increase the Project Budget by $9,850 using Funds
from the City's Unallocated Contingency Account. (CIP Manager Butler)
The City and its contractor, Atlantic Civil Constructors Corp., have completed the work to improve
access around and through the City Hall campus by reconstructing driveways to meet current safety
specifications, adding sidewalks, reconstructing minor structures, and upgrading stairways to meet
current building code requirements.
In addition to recognizing slight differences between the forecast and actual quantities for several
items, the change order describes one significant scope change, which was to delete a pervious paver
parking area and to instead make it a grassed parking area. The savings realized through this change
allowed us to mill and resurface the Withers- Maguire House parking lot and the driveway from that lot
to Oakland Avenue. Savings of $897.06 from an earlier change order allow us to reduce the need for
new budget to $5,618.83. The net result is a slight increase of 1.5% of the contract amount.
Additional funds in the amount of $4,231.17 are requested to repair the original irrigation system and
to complete the landscaping portion of the project. This work includes plantings around the new grape
arbor wedding patio, the raised brick planters on Lakeshore Drive, and the new City Hall signs. Funds
would be used to procure plants, irrigation materials, and other supplies. Labor would be supplied by
the Parks & Recreation Department staff.
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City Commission Regular
September 6, 2011
7. Approval of Change Order No. 1 with Sherron Building Services, Inc. for the
amount of $28,806.88, which will be Financed by Remaining Funds Provided by
a Federal Homeland Security Grant for the Police Headquarters Building
Security Project, and to Authorize Staff to Fully Utilize Available Grant Funds
for Project Enhancements. (CIP Manager Butler)
The City solicited bids for construction of a new black ornamental iron security fence and other related
improvements for work at the Ocoee City Police Headquarters Building funded by a federal homeland
security grant provided through the Florida Department of Law Enforcement (FDLE). During the
project design process, a portion of the fence was specified to be 8- foot -high black vinyl chainlink
construction in order to ensure that prices came in within budget. Once the project was awarded to the
low bidder, Sherron Building Services, Inc., it became apparent that ornamental iron fencing could be
used throughout the project. Remaining grant funds of about $35,000 are more than sufficient to cover
the increase in cost of $28,806.88.
In addition to proposing to use ornamental iron fencing exclusively for the project, staff worked with
the contractor to identify possible project savings, such as to reshape a portion of the parking lot to
avoid installing a new stormwater catch basin. Staff also identified the need for the electronic control
portion of the project, being performed by Qualified Systems Contracting, to be enhanced through the
installation of Knox Boxes so as to provide secure access during periods when electric power may not
be available to operate gates and doors. This change would require modification of a purchase order.
8. Approval of the Performance Surety Escrow Agreement between Village at
Wesmere Partners, L.L.L.P., Wesmere Townhomes Association, Inc., K.
Hovnanian Cambridge Homes, L.L.0 and the City of Ocoee for the Villages of
Wesmere — Phase 1. (City Engineer Wheeler)
The Villages of Wesmere was a 366 unit residential townhome subdivision located east of Maguire
Road and north of the Cross Creek subdivision. The original developer completed the infrastructure
for phase 1 of the development and provided the City with two Letters of Credit as the surety for the
two year warranty period.
The development was going into foreclosure and in the process of being purchased by a second
developer at the time the two -year warranty period was expiring. The bank chose not to extend the
term of the LOCs, so the City called upon those LOCs. During the past year and a half some drainage
issues have been discovered in the developed portion of the subdivision. One of the drainage problems
has been repaired. The second drainage problem between the existing townhomes has been designed
and permitted and is awaiting the execution of the attached Performance Surety Escrow Agreement,
which provides funding for the repairs.
The Performance Surety Escrow Agreement allows for the return of a large portion of the money
secured by the City when it called upon the Letters of Credit to Villages at Wesmere Partners,
L.L.L.P., the retention of enough money plus contingency to cover the second drainage repair and
payment of outstanding invoices on this matter, and establishes which party will handle the
outstanding obligations before final release of the original two -year warranty.
9. Approval of Two -Year Warranty Surety and Maintenance, Materials, and
Workmanship Escrow Agreement with Galvin and Company for McCormick
Woods — Phase 3. (City Engineer Wheeler)
McCormick Woods is a 212 lot single family residential subdivision located on McCormick Road and
Ingram Road. The developer has completed construction of the phase 3 infrastructure improvements
and has request a Certificate of Completion. The infrastructure improvements include the water,
sanitary sewer, and reuse utilities, the streets and stormwater collection system, and the perimeter
fence. As a requirement of the Land Development Code, the developer is required to furnish the City a
surety to cover any possible damages discovered during the next two years, should the developer not
choose to make those repairs. Galvin and Company has provided the City with a check in the amount
of 10% of the constructed improvements. The attached Maintenance, Materials, and Workmanship
Escrow Agreement (Form 8 from the Land Development Code) acts as the executable document
between the developer and the City in the event that the surety is monetary.
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City Commission Regular
September 6, 2011
10. Approval of Award of Bid #B11 -05 Blackwood Avenue Lighting Project to
Traffic Control Products of Florida Inc., in the amount of $81,138.27.
(Purchasing Agent Tolbert)
In conformance with the policies and procedures of the City of Ocoee (City) solicited bids from
qualified contractors to construct the Blackwood Avenue Lighting. All work for the project shall be
designed and constructed in accordance with the drawings and specifications prepared by Pegasus
Engineering. Bids include all items necessary to furnish, deliver, and install all materials, equipment,
incidentals, and services, including all labor. The project consists of the construction of a lighting
system along this roadway from Old Winter Garden Road to State Road 50 (approximately 0.25 miles)
including 18 light poles which will be furnished by the City through a direct purchase, a load center,
and the associated conduit, pull boxes, and conductors. The project also includes connecting power
service to two existing irrigation controllers and a decorative lighted sign.
11. Approval of Arden Park North & South Request for a One (1) Year Time
Extension of the Approved Preliminary & Final Subdivision Plans. (City
Planner Rumer)
The Developer, Beazer Homes is requesting an extension to the March 1, 2012, expiration date in
order to accommodate a purchaser who has the property under contract for sale. The contracted
purchaser, Standard Pacific Homes, has met with City staff and presented a plan to initially develop
Arden Park South. By providing the requested extension to March 1, 2013, Standard Pacific Homes
finds sufficient time to finish their due diligence, close on the property, and position themselves to
begin developing Arden Park South and submitting Final Subdivision plans for Arden Park North.
12. Approval for Special Event Permit — Request for Monthly Food Truck Fest.
(Building Official Washington)
In order to temporarily close a public street, the approval of the Honorable Mayor and City
Commission is required. Ocoee Parks & Recreation Department has made application to the City for a
Special Events Permit for a food truck fest sale of specialized and gourmet food in conjunction with
the Farmers Market, which would require the temporary closing of a City owned street. It would also
require the use of Bill Breeze Park and Community Center Parking Lot. The set up will be held at 4:00
PM. The event will be held on the fourth Friday of every month from 6:00 — 9:00 PM. The street to be
closed is a portion of N. Lakeshore Drive.
G. FIRST READING OF ORDINANCES
13. Amending of City of Ocoee Ordinances to Comply with Florida Statute 790.33(1)
Regarding Firearms. (Second Reading and Public Hearing is scheduled for September 20, 2011,
Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Police Chief Brown)
a. First Reading of Ordinance Amending Chapter 61, Cemeteries.
In order to be in compliance with Section 790.33(1), Florida Statutes; Subsection 61 -10.F of Chapter
61 of the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed, rescinded and deleted,
said deleted subsection currently reading as follows: "No person may discharge a firearm in or
adjacent to the cemetery. This prohibition shall not apply to authorized volleys at military or
paramilitary burial services."
A resolution will be forthcoming at the second reading of this ordinance declaring that any portions of
any City ordinances, rules and regulations, procedures, and/or policies in conflict with this statute are
rescinded.
b. First Reading of Ordinance Amending Chapter 73, States of Emergency.
In order to be in compliance with Section 790.33(1), Florida Statutes; Subsection 73 -4.A of Chapter 73
of the Code of Ordinances of the City of Ocoee, Florida, entitled "Automatic prohibition upon display
and sale of weapons" is hereby repealed, rescinded and deleted in its entirety.
A resolution will be forthcoming at the second reading of this ordinance declaring that any portions of
any City ordinances, rules and regulations, procedures, and /or policies in conflict with this statute are
rescinded.
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City Commission Regular
September 6, 2011
H. PUBLIC HEARINGS
14. Bower Variance (3161 Jamber Drive) — Variance to Front Yard Setback for
Fence. (Advertised in the West Orange Times on Thursday, August 25, 2011). (City Planner
Rumer)
The applicant, Eric Bower, is requesting a side street setback variance from 25 feet to 23 feet for a
privacy fence which is currently in the permitting process. A building permit for a 6' high PVC privacy
fence meeting the required 25 foot side street setback was issued on June 2, 2011. The fence
contractor erroneously installed the fence at a 23 foot setback. After the fence installation, the applicant
had irrigation installed along the fence before the inspection occurred. In order to move the fence the
two feet to meet the setback requirement, the irrigation would have to be removed and reinstalled at a
cost to the applicant.
The Board of Adjustment met on August 18, 2011, and voted 4 -0 to recommend the City Commission
grant approval of the requested variances.
15. King Variance (559 Bridge Creek Blvd.) — Variance to Front Yard Setback for
Fence and to Extend More than '/2 the Depth of the House. (Advertised in the West
Orange Times on Thursday, August 25, 2011). (City Planner Rumer)
The applicant, Michael King, is requesting a side street setback variance from 15 feet to 9 feet for a
White PVC fence, as well as, approval to extend beyond the permitted 50% from the rear of the
structure to place an A/C unit inside the fence for security purposes. The applicant has HOA approval.
The house is located on a corner lot in the Cross Creek Community.
The Board of Adjustment met on August 18, 2011, and voted 3 -1 to recommend the City Commission
grant approval of the requested variances.
16. Ocoee Town Center — Preliminary Subdivision Plan. (Advertised in the Orlando
Sentinel on Thursday, August 25, 2011). (Principal Planner Fabre)
The Ocoee Town Center is located on the northeast corner of Bluford Avenue and W. Colonial Drive
(SR 50) adjoining Lake Bennet. The subject property is approximately 36.08 acres in size of which
12.87 acres are submerged and 1.69 acres are designated as conservation/wetlands. The site is
undeveloped and covered with a mixture of pine trees, large oak trees and other varieties of trees
scattered around the property.
The subject property is currently zoned "Community Commercial" (C -2). The Future Land Use
designation for the subject site is "Commercial" with "Conservation/Floodplains" along Lake Bennet.
I. REGULAR AGENDA
17. Approval for the Finance Department to Create a Project Budget of $20,000 for
Construction of a Columbarium at the City Cemetery using Funds Available
from the City's Reserve for Contingency Fund. (CIP Manager Butler)
Funeral industry reports indicate that the vast majority of memorial services in the Central Florida area
involve cremation, but the City Cemetery presently has no formal means of accommodating cremated
remains. One of the traditional ways to accommodate cremated remains is in a columbarium, which
is a wall structure with niches for storing urns. City staff has developed a conceptual plan to add a
columbarium to the City Cemetery at the present location of a covered pavilion that needs to be
demolished due to structural problems. In addition to columbariums, cremated remains are being
interred in small in- ground vaults, which may be single or double and sealed with a stone monument
cover that is flush with the ground. Staff is investigating the potential for creating separate spaces for
cremation vaults in unsold portions of the property.
18. Discussion on Ocoee Business Outreach Workshop. (Mayor Vandergrift)
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City Commission Regular
September 6, 2011
J. STAFF ACTION ITEMS
K. 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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