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HomeMy WebLinkAbout10-07-14 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida October 7, 2014 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Invocation - James Bartel, Speaker of Central Florida Freethought Community Pledge of Allegiance Roll Call and Determination of Quorum B. PRESENTATIONS AND PROCLAMATIONS Proclamations — October 2014. (Mayor Vandergrift) ➢ National Colonial Heritage Month ➢ National Bullying Prevention Month ➢ Put The Brakes on Fatalities Day — October 10 ➢ International Walk to School Day — October 10 ➢ Red Ribbon Week — October 23 — 31 Presentation by Ocoee Police Department for Recognition of Promotions of Bryan Pace to Sergeant and Jason Price to Corporal 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 TIIE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes for the Regular Commission Meeting Held September 16, 2014. (City Clerk Eikenberry) 2. Appointments to the Community Grant Review Board. (City Clerk Eikenberry) Members of the Community Grant Review Board serve two -year terms. The Ordinance provides that the Community Grant Review Board membership shall consist of five (5) members. With the recent resignation of Tim Henderson, the board has now only three (3) members and there are two (2) vacancies. Two (2) applications have been submitted to serve on this board. Jane Rainer and Eneida Cortes have expressed their interest in serving on the Community Grant Review Board. 3. Appointments to the Human Relations Diversity Board. (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve three -year terms. Currently the Human Relations Diversity Board has nine (9) members and their resolution allows no less than seven (7) members and no more than thirteen (13) members. Two (2) applications have been submitted to serve on the board. Zane Prater and Pastor Gabriel Padilla have expressed their interest in serving on the board. Regular City Commission October 7, 2014 Pastor Gabriel Padilla, founding pastor of the multi- lingual, multi - cultural Elevation Christian in Ocoee, is not a citizen of Ocoee; however, per the Board's Bylaws, the City Commission can waive the foregoing membership qualifications when the City Commission deems it appropriate. 4. Approval of Bluford Avenue Drainage Project Purchase Agreement — Braland Property. (Public Works Director Krug) The City Commission approved the acquisition of right of way required for the Bluford Avenue Stormwater Project at the November 19, 2013, meeting, authorizing the Attorney to make the statutorily required pre- condemnation offer letters at the appraised values and then proceed to eminent domain. Mr. and Mrs. Darryl Braland own property along the affected roadway. After protracted negotiations, the Bralands have agreed to convey the parcel to the City for the total sum of $5,250.00, inclusive of any claim for attorney's fees and costs. Public Works recommends the Commission approve the attached Purchase Agreement in order to complete the property acquisition phase of the project. This is the last of five acquisitions required for the project. The property acquisition is adequately funded in the project budget. 5. Approval of Assignment of RFP #11 -004, Small Construction Projects Term Contract, APEC to Altair. (Public Works Director Krug) A continuing contract has previously been awarded to APEC, Inc., for construction services. The City was noticed that APEC, Inc., has been acquired by Altair Environmental Group, LLC. As a result of the purchase, Altair has been assigned all contracts that APEC was currently working on at the time of purchase. APEC has requested the City assign its contract for construction services to Altair. 6. Approval of RFP #11 -006, Term Contract for Wheeled Refuse Containers, OTTO Environmental Systems North America, Inc., Price Adjustment. (Public Works Director Krug) The City Commission awarded OTTO Environmental Systems North America, Inc., (OTTO) the term contract for wheeled refuse containers at the June 7, 2011, Commission meeting. The contract automatically renews annually for a maximum of five years with a one -year renewal option. The contract contains provisions for an automatic annual 3% cost escalation upon each renewal and the vendor may request additional cost adjustments for years three through five. These provisions have consistently been included in this type of contract due to the market conditions of resin, an oil based product, from which the carts are fabricated. OTTO has not exercised their option for the annual cost escalation in previous years, however they are requesting the 3% escalation for this year along with a price increase for the cost of resin. The request is in accordance with the General Terms and Conditions of Section 6 and 7 of the contract. Public Works has reviewed the data provided to confirm through independent sources the resin cost increase is justified and valid. 7. Approval to Transfer Budget Between Accounts in Order to Implement Needed Equipment Purchases and Installation Services to Upgrade the City Commission Chambers Audiovisual System. (Support Services Director Butler) Staff presented Agenda Item 12 for consideration at the September 16, 2014, City Commission meeting to move budget authority from one operating account to another in order to accomplish certain procurements. Two of those procurements related to replacing or supplementing audiovisual equipment in the City Hall Commission Chambers and in the Community Center. Those recommendations were subsequently removed from the agenda item by substituting a request to put part of the transferred funds into the Community Center Replacement capital project account. This change was the result of suppliers and contractors not being able to provide the AV equipment and complete its installation before the end of the fiscal year on September 30, 2014. Since that time, staff has determined the ELMO document camera on the podium has lost its internal illumination capability and the overhead projector can no longer be managed using the remote control. The projector also lacks sufficient power to provide the desired level of color intensity. Rather than merely replace these two items, staff wants to re- instate the AV Reconstruction Project proposed in the original wording of Agenda Item 12 from the earlier City Commission meeting. 2 1Page Regular City Commission October 7, 2014 8. Approval of Contract Amendment for Police Communication Services with the City of Apopka. (Police Chief Brown) The police department is requesting that the City Commission amend the police communications services contract with the City of Apopka. The communications services contract with Apopka ended September 30, 2014, the amendment would extend the contract one year with a more favorable termination clause. The amended terms would allow termination after six months with 60 days prior notice. After the sixth month the contract goes to a month to month basis. When the agreement with Apopka is terminated the police department intends to enter into a police communication services contract with the City of Winter Garden. The police department is currently in negotiations with the City of Winter Garden for these services. The final terms and conditions are being settled but the payment for services are favorable. The two cities share the State Road 50 corridor and the West Orange County community and this future contract will only enhance police services for both communities. The Winter Garden and Ocoee Police Departments have shared a long law enforcement relationship and look forward to an even closer relationship with the future communication services agreement. 9. Approval of Memorandum of Understanding and Revision to the Perpetual Easement for the Purposes of Incorporating a City Retention Pond into a Future Retention Pond for the Florida Department of Transportation's SR 50 Widening Project. (City Engineer Wheeler) The Florida Department of Transportation (FDOT) has finalized their plans for the widening of SR 50 to six travel lanes through Ocoee from the entrance to the West Oaks Mall to SR 429. The large undeveloped tract in the Ocoee Commerce Center that abuts Bluford Avenue is to be one of the retention ponds for that road widening project. City staff has been working with FDOT and its consultant about joining the City's small dry pond into the larger FDOT pond. Both ponds would be located within Bluford Avenue and Ocoee Commerce Parkway. The large undeveloped tract will be the FDOT's retention pond for the majority of the SR 50 widening. The Memorandum of Understanding was developed as the conceptual plan for the combining of the two ponds by FDOT and the development of the park around the final pond by the City. Additionally, at the April 15, 2014, regularly scheduled City Commission meeting, the City Commission granted FDOT a perpetual easement over the small dry retention pond on South Bluford Avenue for the purposes of constructing one large pond and set forth the maintenance responsibilities for the pond to be with the City and authorized the Mayor and City Clerk to execute the Perpetual Easement Agreement. The Agreement was developed by FDOT and reviewed by the City prior to the presentation to the City Commission for consideration and approval. FDOT has now determined that they sent us an incorrect version of that Perpetual Easement agreement and is requiring the City Commission to approve the modified version of that agreement. G. FIRST READING OF ORDINANCES 10. First Reading of Ordinance - Approval of Amended Ordinance for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund Reflecting Changes Made by CBA. (Police Chief Brown) The Pension Board for the City of Ocoee Municipal Police Officers' and Firefighters' Retirement Trust Fund is governed by City of Ocoee ordinance. Changes to the Police and Fire pension benefits were agreed upon in the Collective Bargaining Agreements of the Police and Fire unions with the City of Ocoee. The Pension Ordinance must be amended to reflect the changes. 11. First Reading of Ordinance - Amending General Employees' Retirement Ordinance No. 2009 -020. (General Employees' Retirement Board Chairman Wagner) At a Special Meeting held on August 19, 2014, the General Employees' Retirement Board adopted an amended Annual Actuarial Report dated August 13, 2014, which was based upon the results of an Actuarial Experience Study performed by Foster & Foster, Inc. The purpose of this study was to 31Pagc Regular City Commission October 7, 2014 evaluate the assumptions and methods used to determine funding levels for the General Employees' Trust Fund to ensure financial soundness going forward. After careful review of all of the parameters affecting required contributions rates needed to adequately fund the retirement program, the Board accepted several actuarial assumption changes that are incorporated in the amended Annual Actuarial Report. These modifications resulted in a significant reduction to the required City contribution rate from 20.5% to 13.14 %, for an annual monetary savings to the City of almost one -half million dollars. H. SECOND READING OF ORDINANCE — PUBLIC HEARING 12. Second Reading of Ordinance - Westyn Bay Commercial. (Advertised in the Orlando Sentinel on Thursday, September 25, 2014). (City Planner Rumer) The subject property is located on the southwest corner of Ocoee Crown Point Parkway and Ocoee Apopka Road. The parcel is identified as parcel number 06- 22 -28- 0000 -00 -067. The parcel is 20.85 acres. The Westyn Bay Commercial Planned Unit Development (PUD) is comprised of 44 single - family units and 6.59 acres of commercial and stormwater /open space. The subject property consists of vacant and undeveloped land. The Future Land Use designation for the subject site is "Commercial ". The rezoning to PUD is required to introduce the residential density. a. PUD Rezoning /Land Use Plan b. Development Agreement (not a public hearing) I. PUBLIC HEARINGS 13. Casa Mirella Phase V — Preliminary /Final Site Plan. (City Planner Rumer) The subject property is located on Lot 3 of Casa Mirella located on the west side of Maguire Road and south of Roberson Road. The parcel of land is approximately 2.7 acres. The subject property is zoned Planned Unit Development (PUD) and is located within the Belmere PD. The Casa Mirella Phase V PSP /FSP is a multi - family dwelling project that proposes a total of 60 multi- family units. The 60 units will be provided for in two separate buildings. One building will contain 36 units and the other 24 units. The stormwater will be handled in the existing stormwater management facilities and will require a modification to the existing SJRWMD stormwater permit. All internal roadways in Casa Mirella Phase V will be private and will be accessed through the existing gates. 14. Arden Park North Phase 2 — Preliminary /Final Subdivision Plan. (Principal Planner Fabre) Arden Park North is identified as parcel ID number 04- 22 -28- 0000 -00 -001 (9421 Clarcona -Ocoee Road) located on the north side of Clarcona -Ocoee Road and situated between Hobson Road and Ingram Road. The Arden Park North Phase 2 PSP /FSP is a residential subdivision that proposes a total of 205 single - family residential lots with a resulting net density of 2.73 units per acre. In addition, Arden Park North Phase 2 PSP /FSP is proposed to be constructed in two sub - phases (A & B). 15. Kids Community College — Special Exception for Charter School Use. (City Planner Rumer) The proposed Kids Community College Charter School is located in the Lake Olympia Square development. The parcel is located on the west end of the commercial plaza. Lake Olympia Square is a seven (7) lot commercial subdivision approved for construction in 1994 with Phase 2 being approved in 1996 (see plans attached). The subject site is vacant and contains 6.22 acres. Currently, there is a Winn Dixie anchored shopping center, restaurants and service uses with out - parcels containing a bank, gas station, and an oil and lube center. The current zoning designation on the property is C -2 (Community Commercial). The existing land use designation for the property is "Commercial ". 4111age Regular City Commission October 7, 2014 J. REGULAR AGENDA 16. Consideration of a Revised Offer of $125,000 to Sell Property Located at 35 W. Geneva St. and 669 S. Cumberland Ave. by Roy and Victoria Sanders. (Support Services Director Butler) Property owned by Roy & Victoria Sanders at 35 West Geneva Street (Parcel No. 17-22-28- 6144 -04- 193, 13,271 SF) and 669 South Cumberland Avenue (Parcel No. 17- 22 -28- 6144 -04 -172, 14,299 SF) is adjacent to city -owned property. The total size of the subject property is 27,570 SF, or about two - thirds of an acre. Mr. & Mrs. Sanders have made an unsolicited offer to sell both parcels to the city for the amount of $187,900.00. Along with their offer, which was conveyed on a standard residential contract for sale and purchase, they provided an October 14, 2013, fee appraisal noting the market value of the property as being $84,000.00. According to that appraisal, the property improvements include two residential structures and a carport. Describing the smaller house (984 SF), the appraisal says, "The improvements ... are in very poor condition, likely uninhabitable, and are recommended for demolition." The larger home (1,344 SF) is in better condition, "is currently occupied, of wood -frame construction, and in average condition for its age and likely has some remaining economic life." A portion of this structure is on city -owned land. The initial offer to sell the property at a price of $187,900 was rejected by the City Commission at its regularly scheduled meeting on September 16, 2014. Staff was directed to continue discussions and seek a lower price. The sellers subsequently revised their offer. 17. Contract to Purchase Real Property Located at 15 S. Kissimmee Avenue and 214 W. McKey Street. (Assistant City Manager Shadrix) The City Commission recently engaged in a strategic planning process, to date resulting in three sessions with the City Commission. A primary area of agreement between members of the commission during strategic planning involved goals to set the stage for re- development of the historic downtown area of the City. Staff was directed to look at property located 15 S. Kissimmee Avenue and 214 W. McKey Street in the historic downtown area as possible acquisitions that could further potential re- development goals, and even serve as possible sites for a future City Hall relocation. The City prepared a contract and executed an addendum for consideration by the City Commission at the seller's asking price of $525,000 to include both properties. Additionally, an appraisal was prepared by Property Evaluation and Consulting that appraises the collective properties at $505,000. Staff seeks direction from the City Commission regarding the purchase of the above referenced properties. 18. Acceptance of Shelley's Environmental Systems' Offer to Extend Their Contract ( #0114 -0710) with Daytona Beach Sludge Disposal Service to the City. (Utilities Director Smith) The City of Ocoee Wastewater Treatment Facility currently receives and treats approximately 591.3 million gallons per year of wastewater from its customers, producing approximately 1,700 wet tons per year in sludge (biosolids). With improved operational and sludge pressing efficiencies over the last five years, the City has seen an annual decrease in sludge production of 500 tons per year. MaxWest Environmental Systems, Incorporated, had been providing non - exclusive sludge disposal service for the City, but on June 6, 2014, MaxWest notified the City that they were ceasing their operations and would no longer provide disposal service. Utilizing the City's historical relationship with Shelley's Environmental Systems, Incorporated (Shelley's), which includes biosolids disposal and the acceptance of trucked sludge press permeate at the wastewater plant, the City diverted sludge disposal to a Shelley's facility. To formally establish a more long -term operational relationship, Shelley's has extended its contract conditions with Daytona Beach (Daytona Beach Sludge Disposal Service Contract #0114-07 10) to the City. 19. Discussion — Water Ordinance Issue. (Mayor Vandergrift) 511'age Regular City Commission October 7, 2014 K. STAFF ACTION ITEMS L. 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. 6 11'a e