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HomeMy WebLinkAbout06-17-14 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida June 17, 2014 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 Legislative Update by Senator Geraldine Thompson C. COMMENTS FROM CITIZENS /PUBLIC D. STAFF REPORTS AND AGENDA REVIEW E. COMMISSIONERS ANNOUNCEMENTS F. CONSENT AGENDA ALL MATTERS LISTED UNDER TI IF 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 13E CONSIDERED SEPARATELY. 1. Approval of Minutes for the Regular Commission Meeting Held June 3, 2014. (City Clerk Eikenberry) 2. Code Enforcement Appointment; Consideration of Appointment of One New Alternate Member (City Clerk Eikenberry) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three year terms. There is currently one (1) alternate member position open. An Application has been received from Robert Minarcin who has shown an interest on being appointed to the Code Enforcement Board for a term ending June 2017. There are no other applications on file to fill the board opening. 3. Approval of Two -Year Warranty Surety and Maintenance, Materials, and Workmanship Escrow Agreement with Concept Construction, LLC for Ocoee Commercial Retail Store. (City Engineer Wheeler) Concept Construction, LLC constructed the Ocoee Commercial Retail Store, also known as Dollar General Store # 14015 on the eastern portion of Tract B of Unit 1 of the Silver Bend Subdivision. The developer has completed construction of the infrastructure improvements and the building and has requested a Certificate of Completion. The site infrastructure includes water and sanitary sewer improvements to be dedicated to the City as well as the stormwater collection system, access driveways, parking lot, and perimeter wall for the single lot commercial development. All identified punch list items have been completed and the developer is ready to start the two -year warranty period. Regular City Commission June 17, 2014 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. Concept Construction, LLC has provided the City with a check in the amount of 10% of the constructed improvements that are being dedicated to the City by Bill of Sales. The attached Maintenance, Materials, and Workmanship Escrow Agreement (Form 8 from the Land Development Code) will act as the executable document between the developer and the City in the event that the surety is monetary. The surety will be returned to the developer upon completion of the two -year warranty period and the repair of any damages caused over that two year period. 4. Approval of Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2014 Application 2014- H2744- FL -DJ. (Police Chief Brown) Based on FBI Uniform Crime Reports, $11,591.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). Staff recommends this money be applied to the purchase of 5 mobile ruggedized tablet computers. The tablet can be removed in order to take suspect photos for "on the side of the road" identification through law enforcement databases. The increase in functionality allows officers to increase their mobility as well. They are able to remove the tablet from the vehicle mount quickly and even complete citations from the exterior of the vehicle for increased safety. It also allows officers in the field to write police reports, driver exchange of information crash reports, property receipts, etc. The tablets will allow officers to take photographs of crime scenes and immediately store them in a secure law enforcement database. The additional functionality of the tablets will allow for more time to be spent on investigations rather than working with current cumbersome systems. $11,591.00 is available to the City of Ocoee Police Department to expend on 5 mobile ruggedized tablets. No matching funds are required for this grant; however, the total cost of the 5 mobile ruggedized tablets is $12,536.00. The $945.00 difference will come from Computer Equipment /Software account. 5. Approval of State Highway Lighting, Maintenance and Compensation Agreement and Resolution with FDOT. (Public Works Director Krug) This agreement provides for funding from FDOT to the City to help defray the costs of street light operation and maintenance on several State highways within Ocoee's corporate limits. The work order under this Agreement will provide Ocoee with an annual payment of $34,155.00 for the 2014 -2015 fiscal year. This figure reflects a 3% increase per unit cost from the previous year. 6. Approval of an Extension to the Time Allowed for Providing an Appraisal on City -owned Property on South Bluford Avenue. (Support Services Director Butler) At its April 15, 2014 meeting, the City Commission accepted an offer from Mr. Satish Somwaru of Help My Auto, LLC, subject to certain terms and conditions, to purchase city property located on South Bluford Avenue. Mr. Somwaru's interest in the property was for construction of a high -end automotive repair facility. Among the imposed conditions are: (1) delivery of an appraisal of the property acceptable to the city; and (2) subsequent revision of the offered purchase price to meet or exceed the appraised value. Mr. Somwaru had 60 days from the date of the City Commission meeting, or until June 16, 2014, to provide the appraisal. He then had 10 days from the date of the appraisal to modify his offer to be at least as much as the appraised value. Alternatively, he could withdraw his offer. The city seeks a permanent drainage easement that may impact the use of the property and its value. To do the appraisal, the evaluator must compare the conditions at the site to those of other properties of a similar nature that have recently sold. The city -owned property is not presently served by sanitary sewer in the adjacent right of way, so the cost of connecting to the city's wastewater system must be factored into the appraisal. The appraiser has asked the city and Mr. Somwaru's design engineer for cost information that would help him utilize comparable sales information for similar sites that already have utility service. As a result, Mr. Somwaru has asked for an extension of time to July 7, 2014 to provide the city with an acceptable appraisal. Regular City Commission June 17, 2014 G. SECOND READING OF ORDINANCES — PUBLIC HEARING 7. Second Reading of an Ordinance to Amend Chapter 175 of the Code of Ordinances, Regarding "Water Conservation for Landscape Irrigation, Irrigation System Design and Installation Standards, and Efficient Plumbing Requirements ". (Advertised in the Orlando Sentinel on Sunday, June 8, 2014). (Utilities Director Smith) In early 2012, the City of Ocoee adopted Ordinance 2012 -003, which repealed and replaced Chapter 175 of the Code of Ordinances. The new Chapter 175 is entitled Water Conservation for Landscape Irrigation, Irrigation System Design and Installation Standards, and Efficient Plumbing Requirements. The adoption of this Ordinance satisfied requirements and conditions of the City's SJRWMD Consumptive Use Permit, and the District accepted it. One circumstance the present Ordinance 2012 -003 does not take into consideration is that some customers do not hook up to reclaimed water when it becomes available to their property; instead continuing to utilize potable water for irrigation. This new Ordinance being presented includes a provision stating that where reclaim is available, within forty five (45) days from the date when reclaimed water becomes available, or within forty five (45) days from the adoption of said Ordinance, all irrigation must utilize reclaimed water; and irrigation using potable water will become prohibited. The Ordinance also provides that violations of this amended section are subject to the penalties provided in Section 175 -12. Additionally, the Ordinance provides a new definition, entitled Unattended Broadcast Irrigation, which is defined as "the irrigation of landscape utilizing any method other than an irrigation system or a hand -held hose equipped with a shut -off nozzle ". 8. Second Reading Public Hearing of an Ordinance to Amend Temporary Reduction of Road, Fire, Police & Recreational Park Impact Fees & Deferral of Road Impact Fee payments. (Advertised in the Orlando Sentinel on Thursday, June 5, 2014) (City Planner Rumer) The City extended economic incentives for new construction last year that are, by ordinance, set to expire on July 1, 2014. The incentives included reducing impact fees for police, fire, recreational park and transportation. Other incentives included the deferral of transportation impact fee payments until the issuance of the Certificate of Occupancy. A study of the existing impact fees, methodologies, and current construction costs indicate that a full impact fee update will result in lower impact fees for targeted uses such as commercial, restaurant, and office. An update to the City's impact fees and methodology is expected to begin in July of this year, using newly released transportation data from FDOT and Metro Plan. Staff is requesting an extension to the current impact fee reduction until December 31, 2014, in order to complete the impact fee update. 9. Second Reading Public Hearing of an Ordinance to Amend Fire Department and Building Department Plan Review Fees for Commercial Projects. (Advertised in the Orlando Sentinel on Thursday, June 5, 2014). (City Planner Rumer) At the April 1, 2014, City Commission meeting, staff was directed to bring back to the commission an ordinance to reduce plan review fees as an incentive for new commercial projects. The proposed ordinance accomplishes the directive in three parts. Part one temporarily suspends the ' / 2 of 1% Fire Plan Review fee until December 31, 2014; Part two reinstates the Fire Plan Review fee at a reduced rate of of l% cost of construction as of January 1, 2015; and, finally, part three provides for the deferral of Building Plan Review fees for new construction until permit approval. This ordinance creates an application fee of $1,000.00 at the time of building plan review which will cover some cost of review. Regular City Commission June 17, 2014 H. REGULAR AGENDA 10. Code Enforcement Reduction of Fine /Lien for Federal National Mortgage Assoc. & Representative Exit Realty Central re: 507 Shumard Oaks Drive. (Assistant Director of Support Services Gaines) This property was cited on April 23, 2012 by Officer Edward Loeffler for conditions constituting a public nuisance: Vacant, unsecured dwelling with evidence of juvenile ingress /egress, unauthorized access and a damaged garage door with broken windows creating a blighted effect on the neighborhood. The codes in violation were: 108 -23 1 & Q (windows and accessory structures not kept in good repair), 108 -35 (public nuisance) and l 15 -3 (menace to public health, safety and welfare). On May 22, 2012, the Code Enforcement Board issued an order to comply by May 29, 2012 or be fined $100.00 per day per violation. On June 26, 2012 the Code Enforcement Board imposed the accruing fine and lien for non - compliance. The property was checked quarterly and remained non - compliant. The violations were observed in compliance on April 10, 2013. The property is currently being maintained. The Code Enforcement Board is recommending the fine /lien be reduced from $63,400.00 to $3,203.50, which is based on the sum of the city's cost of $703.50 and a $2,500.00 fine for the blighted impact upon the city. The decision by the Board to reduce the amount was based on testimony and answers from the owner's representative and city staff. 11. Approval of Water Plant SCADA and Instrumentation Replacement Project. (Utilities Director Smith) The automation systems on the City's two (2) water treatment plants, the South and Forest Oaks plants, have reached the end of their respective lifecycles and need to be replaced. In Fiscal Year 2013, staff began investigating the replacement of the automation systems, which included contact with contractors and vendors' teams, discussion with consultants, and on -site investigation of in- operation automation systems. The recommendation by staff was the selection of an Engineering Firm qualified to provide technical services to develop an automation bid package for an eventual procurement and integration. Staff sought interested firms' qualifications, in conformance with the State of Florida's Consultants Competitive Negotiation Act (CCNA), and on September 17, 2013, the City selected McKim and Creed, Inc., and engineering, surveying and planning firm. Staff coordinated with the consultant, but the consultant was unable to develop a scope of work for the automation integration with which staff was comfortable; staff redirected its efforts by contacting Sanders Company, Inc., a system integration vendor that has had and continues to have a "best source" successful relationship with the City of Ocoee. Staff is recommending to approve the discontinuation of the contract negotiations with McKim & Creed, and the continuance of utilizing Sanders Company, Inc. as a "Best Source" vendor; and authorize the City Manager to contract with Sanders Company, Inc. for the replacement of the South Water Plant and the Forest Oaks Water Plants' Automation Systems (PLC- SCADA) in the amount of $273,855.00, plus the upgrade of Forest Oaks Water Plant's High Service Pump #3 to a variable frequency drive in the amount of $16,145.00 for a total sum of $290,000.00. Staff also recommends that the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted amount for this project for all change orders. 12. Designation of Voting Delegate — Florida League of Cities, Inc. Annual Conference. (City Clerk Eikenberry) The Florida League of Cities (FLC) is holding their 88 °i Annual Conference at the Westin Diplomat, Hollywood, Florida, on August 14 -16, 2014. The FLC is requesting that any proposed resolutions are received before July 9, 2014, and that the City of Ocoee's Voting Delegate is designated and received by August 11, 2014. One official from each municipality will make decisions that determine the direction of the League. Regular City Commission June 17, 2014 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 1S 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.