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HomeMy WebLinkAbout07-19-2016 Minutes MINUTES JULY 19,2016 at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER 7:15 PM Mayor Johnson called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. The invocation was led by Commissioner Keller followed by the Pledge of Allegiance to the Flag, led by Commissioner Firstner. Acting City Clerk Sibbitt called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS - 7:17 PM Legislative Update—Robert Stuart of GrayRobinson Robert Stuart and Chris Carmody with the Law Firm of GrayRobinson presented the legislative update, which included the Budget, Gubernatorial Vetoes, Revenue Projection Reduction, Water Bill, Unique Abilities Bill, Tax Cuts, Public Private Partnerships (P3), Uber/Lyft, Backyard Firing Ranges, Seminole Compact and Fantasy Sports, Fracking, Public Records Legal Fees, 2016 Elections for Senate District 11 and House District 45. Commissioner Keller, Wilsen and Grogan added comments, asked questions and discussions ensued. C. COMMENTS FROM CITIZENS/PUBLIC - 7:46 PM Fran Cummings, 2342 Wickdale Court, spoke on behalf of her friend, Nancy Riley, whose 18- year-old son was tragically killed last February in a car accident, which occurred at night while heading eastbound on Roberson Road in between Maguire Road and Wesmere Parkway. They recently found out that another accident occurred at night just three months later in May at the exact same spot. Ms. Cummings further explained to the Board they are petitioning to get streetlights installed and described the layout of Roberson Road and how dark it is at night along with how heavy the traffic is with pedestrian usage as there are sidewalks on both sides of the street. She expressed there are several jurisdictions that oversee this road, and they have been in contact with Orange County and indicated Commissioner Boyd has been very helpful. Public Works Director Krug confirmed that this section of Roberson from Wesmere Parkway to Maguire Road is within the City's jurisdiction. He expressed he can consult with Duke Energy and Orange County to bring a monetary figure to the Board. Commissioner Wilsen asked if Orange County is not in agreement, can the City proceed without them. City Manager Frank advised he will contact Commissioner Boyd to discuss this issue and further stated streetlights along the entire road is more comprehensible. Ms. Cummings indicated they have over 1,000 online signatures and over 200 on the web petition and said currently the petition is located on Change.org. D. STAFF REPORTS AND AGENDA REVIEW- 7:54 PM City Manager Frank announced two additional supporting documents have been attached to Agenda Item No. 3; Agenda Item No. 6 is being requested to be pulled; and further, stated Agenda Item No. 15 is being requested to be pulled by the applicant and continued to the August 2nd City Commission Meeting. Regular City Commission July 19, 2016 E. COMMISSIONERS ANNOUNCEMENTS - 7:55 PM Commissioner Grogan — Expressed that Code Enforcement has been very active in administering citations for vehicles parked in lawns and advises residents to not park in their lawns. He further thanked the code enforcement officers for their proactive measures. Commissioner Wilsen — Announced this Saturday, July 23rd, is Family Fest located at Downtown Ocoee. Commissioner Firstner — Thanked the Police Department for inviting him and the community to a very successful Coffee with a Cop this past month. He further indicated some residents have inquired if this event can happen in the evening to accommodate residents that have work or other commitments during the day. He asked if this is something that can be addressed in the future and suggested rotating the times every other event. Commissioner Keller — Thanked the residents that attended his district meeting. He further stated that some residents at the meeting mentioned they would like a left-turn arrow at the light at Clarke Road at A D Mims Road heading southbound. Mayor Johnson—Indicated the traffic light at Maguire/Bowness Road and Franklin Street needs a left-turn arrow. Public Works Director Krug stated the State completed a traffic study on this intersection at the beginning of the year with findings that the signal and intersection does support a left-turn arrow heading northbound on Maguire/Bowness Road. He indicated they are in the process with a contractor to get this established. Mayor Johnson also stated trees need to be trimmed along the mall coming up to White Road, because something is blocking the traffic light in that area. Public Works Director Krug stated after talking with Police Chief Brown he does not think trimming the trees are the answer, but they are considering adding a traffic light on the easternmost pole for more visibility. F. CONSENT AGENDA - 8:00 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #14 with Item #6 being pulled. Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion carried 5-0. 21Page Regular City Commission July 19, 2016 1. Approval of Minutes for the Regular Commission Meeting held June 21, 2016. (Acting City Clerk Sibbitt) Approved on Consent. Motion carried 5-0. 2. Approval of Lease Agreement for 15 South Kissimmee Avenue. (Assistant City Manager Shadrix) At the June 21, 2016, meeting of the Ocoee City Commission, a group of soccer experts from the Zico Soccer Academy LLC presented a plan to establish a premier soccer academy in the City of Ocoee. Zico Soccer Academy LLC is a company established by Brazilian soccer legend Arthur Antunes Coimbra (aka Zico) dedicated to teaching soccer from beginning to elite levels. This plan would initially result in a series of camps during the summer, but is expected to intensify over time. Zico Soccer Academy LLC proposed two items associated with the soccer academy and future plans of establishing an educational institution with an elite soccer academy: Item (a): Zico Soccer Academy LLC proposed to lease the two small city-owned office buildings located at 15 S. Kissimmee Avenue for two (2) to three (3) years. The City Commission entertained some discussion about the state of these buildings; and the proposal before you is for the renter to make the necessary improvements to the two buildings sufficient for them to establish an office presence in the City,which would house the academy support and outreach staff. The Charter requires a fair market rental amount for lease of real property owned by the City. Due to the condition of the buildings, it is proposed that the total amount of dollars expended by Zico Soccer Academy LLC to improve the property be deducted from the fair market rental amount. Item (b): Zico Soccer Academy LLC be granted use of the soccer fields located at the City's Jim Beech Center for use of a camp. The cost of rental of the fields for the times proposed for use is a total of$5,700. Zico Soccer Academy LLC has indicated willingness to help in improving the turf management of the fields and has proposed that funds expended in any such improvements be applied against the rental cost of$5,700. Approved on Consent. Motion carried 5-0. 3. Approval of Additional Expenses for Founders' Day. (Assistant City Manager Shadrix) The 2016 Ocoee Founders' Day Festival is scheduled for the weekend of November 4 and 5, and with its approach comes expenses expected to be covered by sponsorships, beverage revenues, and other sources leading up to the festival. In the interest of maintaining the existing high level of service associated with the festival,it is necessary for the City to allocate initial funding to the following three items: 1. Binder agreement initial installment of$37,500 for services of Pat Benatar;and, 2. Entertainment production services of Len Walls for$3,000;and, 3. Digital media and marketing services of Beat Creative for$12,000. All three of these initial costs are critical to the viability of the festival and will require initial allocation from existing City funds in anticipation that revenues will come close to reimbursement Staff is requesting that the City Commission allocate funding in the amount of$52,500 to front these expenses, and approve any and all transfers necessary to replenish these funds from realized revenues. Approved on Consent. Motion carried 5-0. 3IPage Regular City Commission July 19, 2016 4. Approval to Set the Proposed Tentative Millage Rate for Fiscal Year 2016/2017 Budget. (City Manager Frank) The TRIM ACT requires local governing bodies to set a proposed Tentative Millage Rate annually during the month of July. The property appraiser is then notified of the rate and uses it to advise taxpayers of their proposed tax levies for the next year. The rate can be lowered during the budget hearings in September and has historically been done so by the City. The Commission can set the proposed millage for FY 2016/2017 up to 8.3766 with a super majority vote by the Commission. This millage rate would generate$16,917,834 in ad valorem revenues. A millage rate higher than the 8.3766 would require a unanimous vote by the Commission. Staff recommends the Commission set the proposed tentative millage at 6.500 mils. This is a tentative rate and will allow the Commission room to adjust during review and discussion of the proposed budget. The Commission can set the proposed rate in September at or below this rate. Should the Commission wish to set the proposed tentative millage rate higher than 7.6151, it can do so;however, it would require a super majority vote. Approved on Consent. Motion carried 5-0. 5. Approval to Set Workshop and Hearing Dates for Fiscal Year 2016/2017 Budget Process. (Finance Director Horton) Workshops are held during August for staff and the commission to discuss the proposed budget for the upcoming fiscal year. Public hearings are required by the TRIM ACT in September serving as a mechanism to notify the citizens of the proposed budget and allow the opportunity for their comments. The TRIM ACT has specific time frames for scheduling and holding the required hearings, which cannot conflict with Orange County (9/8 and 9/22) and Orange County School Board (9/13). Staff recommends the City Commission approve August 15th and August 30th for the budget workshops and September 12th and 21st for the budget hearings beginning at 6:00 pm. Approved on Consent. Motion carried 5-0. 6. Approval to Purchase an AeroClave Decontamination Unit. (Fire Chief Miller) The Ocoee Fire Department is seeking permission to purchase a complete AeroClave Room Decontamination System,Model#3110. The purchase of this system was included in the current fiscal year's budget under acct. #6400, Capital Expense. This decontamination system will serve multiple functions. The new Rescue Unit purchased earlier this year was equipped with a connection mounted in the patient care compartment that will allow this decontamination unit to be attached. By attaching the system to this connection, the patient compartment will be able to be quickly and efficiently decontaminated. This system is also a portable unit so it can be used inside the living quarters in the fire department to decontaminate these areas. The system can be used in the decontamination of bunker gear, as well as decontamination of other infected vehicles such as fire engines, command vehicles, and police vehicles. During the recent mass-casualty event in Orlando, agencies that owned this system were able to bring their system to the scene and help decontaminate the vehicles involved during this event. This item was pulled. Motion carried 5-0. 4IPage Regular City Commission July 19,2016 7. Approval for the Fire Department to Purchase New Cascade System, Air Compressor and Fill Station. (Fire Chief Miller) The Ocoee Fire Department currently owns a Mako air compressor,fill station,and cascade system,which was purchased more than 15 years ago. This equipment has reached the end of its lifecycle, and repairs and new editions and standards have made these pieces of equipment obsolete. The Ocoee Fire Department is seeking approval of the commission to move forward in the acquisition of the new Mako air system to replace our current Mako air systems in an effort to decrease maintenance and repair costs and to upgrade to the current national standards,which will provide additional firefighter safety. Approved on Consent. Motion carried 5-0. 8. Two-Year Warranty Surety and Maintenance, Materials, and Workmanship Agreement with Letter of Credit with Ocoee I, LLC for Westyn Bay Commercial. (Development Engineer Womack) Westyn Bay Commercial is a four (4) lot commercial subdivision located on Ocoee-Apopka Road (County Road 437) and Ocoee Crown Point Parkway. The developer has completed construction of the infrastructure improvements and has requested a Certificate of Completion. The infrastructure improvements include the water,sanitary sewer,reuse utilities,streets and stormwater collection system,and the rear perimeter wall. All identified punchlist repairs have been completed and the developer is ready to start the two-year warranty period. As a requirement of the Land Development Code,the developer is required to furnish the City a Surety,which can be in the form of a Letter of Credit or Cash to cover any possible damages discovered during the next two years should the developer choose not to make those repairs. Ocoee Partners I, LLC has provided the City with a Letter of Credit in the amount of$25,360.64,which amounts to 10%of the constructed improvements. The attached Maintenance, Materials, and Workmanship Agreement with Letter of Credit acts as the executable document between the developer and the City. 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. Approved on Consent. Motion carried 5-0. 9. Approval of Awarding Bid #B16-05 Asphalt Paving Projects for Fiscal Year 2016. (Purchasing Agent Tolbert) The City of Ocoee solicited bids from qualified contractors to furnish labor,supervision,materials,equipment, supplies and incidentals for the asphalt paving projects for fiscal year 2016 for roads within the Ocoee Hills and Brentwood Subdivisions; Leslie Ann Lane (from Sal Street to Nicole Blvd.); and Lady Avenue (from Ursula Street to Nicole Blvd.). The construction consists of milling and resurfacing using SP-9.5 Asphaltic Concrete. All work for this contract shall conform to the applicable technical specifications of Florida Department of Transportation (FDOT) "Standard Specifications for Road and Bridge Construction" 2016 Edition,and"Roadway and Traffic Design Standards"Latest Edition including any amendments thereto. The bid was publicly advertised on June 5, 2016, and opened on July 5, 2016. There were a total of four(4) bids received ranging from$205,819.00 to$334,523.35. All bids are available in the Finance Department for review. The Public Works and Finance Department reviewed all bids received and all were considered responsive. Staff recommends awarding the bid to The Middlesex Corporation for $205,819.00 as the most responsive and responsible bidder,per the recommendation from Steve Krug,Public Works Director. Approved on Consent. Motion carried 5-0. 5IPage Regular City Commission July 19, 2016 10. Approval of Street Lighting Additions on Ingram Road and Rewis Street. (Public Works Director Krug) The Public Works Capital Improvements for the current budget year include additional street lighting on Ingram Road north of the Clarcona-Ocoee Road intersection and on Rewis Street between West and Spring Avenues. Duke Energy has provided cost proposals, which are within budget. Public Works recommends executing the Lighting Service Contracts for these two locations. Approved on Consent. Motion carried 5-0. 11. Approval of Wood Railing on Adair Street with All-Rite Fence Services. (Public Works Director Krug) Public Works received complaints of inadequate pedestrian access to Adair Street from the Foxfire neighborhood streets of Noelwood, Kindling and Picwood Courts. A four (4) foot tall chain-link fence had been installed years ago connecting existing private fences to create a barrier for vehicles, but also restricting pedestrian access. In order to provide an aesthetically-pleasing barrier to vehicles yet allow pedestrian access, Public Works determined a two-foot tall wood-rail barrier would provide the best solution to the residents' concerns. Public Works contacted several local fencing companies for pricing on this work with only All-Rite Fence Services, Inc., providing the requested estimate. Public Works verified the cost effectiveness of the proposal by investigating the cost of materials and time required to self-perform the work to determine contracting this specialty work was a more prudent method to accomplish the task. Public Works recommends issuing a purchase order to All-Rite Fence Services, Inc. for the installation of wood fence railing along Adair Street per their estimate. The cost of the improvements is adequately funded in the Streets Division Contractual Services account line. Approved on Consent. Motion carried 5-0. 12. Approval of Bluford Phase I Stormwater Improvement Project Median Landscaping with ValleyCrest. (Public Works Director Krug) As part of the first phase of the Bluford Avenue Stormwater Improvements,the landscaping of the new median north of Orlando Avenue was delayed in order to assure the plantings align with the character of the current master planning activities. Public Works solicited pricing from the City's landscape contractor, ValleyCrest, as they will be responsible for maintaining the median following installation of the Sylvester Palms and Asiatic Jasmine ground cover. The price quote is in line with surrounding tree farm pricing for signature trees and groundcover plants. The cost of the improvements is adequately funded in the project budget. Public Works recommends issuing a purchase order to ValleyCrest to install the median landscape improvements for the Bluford Avenue Stormwater project. Approved on Consent. Motion carried 5-0. 13. Approval of Industrial Waste Services and Disposal Agreement with Waste Management for Vista Landfill. (Public Works Director Krug) The City has historically utilized Waste Management's Vista Landfill in Apopka for the disposal of yard waste,construction debris and street sweeper debris-categorized as Class III materials by the State of Florida. Vista Landfill is the closest Class III landfill to the City as the County only accepts Class I garbage at the Porter Transfer Station. The City has been operating from a 2006 service agreement for the Vista Landfill that did not have an end date,leading Public Works to request an updated agreement from Waste Management with a defined term of service. The Solid Waste and Stormwater Utilities utilize the Vista Landfill as budgeted for approximately $240,000 and $45,000 respectively. Public Works recommends executing the updated agreement with Waste Management for the continued use of the Vista Landfill. Public Works is also requesting $39,370.78 in unused Solid Waste vehicle purchase funds be reallocated to the sanitary landfill account line. Approved on Consent. Motion carried 5-0. 6IPage Regular City Commission July 19, 2016 14. Approval of Street Lighting Additions on Johio Shores Road. (Public Works Director Krug) The Public Works Capital Improvements for the current budget year include additional street lighting on Johio Shores Road north of the Silver Star Road intersection. Duke Energy has provided cost proposals, which are within budget. Public Works recommends executing the Lighting Service Contracts for these two locations. Approved on Consent. Motion carried 5-0. DISCUSSION ON MORATORIUM - 8:00 PM City Attorney Cookson said that a few months ago they adopted an ordinance that established a moratorium for the SR 429 sector with regards to accepting building applications for projects in that corridor pending agreement with Winter Garden for planning of the downtown area. This moratorium is set to expire at the end of this month, July 31st. It is his understanding that there is still work to do, and they would like Ocoee's moratorium to terminate at the same time as that of the City of Winter Garden. What is being proposed with the pleasure of the City Commission is to have City staff bring back a resolution during the first meeting in August to further extend that moratorium for an additional 90 days. Discussion ensued regarding the request for the 90- day extension in which Assistant City Manager Shadrix advised it would be beneficial, because this would allow them to adopt a unified code for that corridor with the design standards. As written, the ordinance does not preclude anyone from working with the City provided they agree to work with staff on the new design standards. The Mayor shared that he has received calls from landowners in that corridor who are not in favor of this since they had been promised it would be done in July. The City Attorney advised that staff is looking for direction from the Board to bring back a resolution to further extend the moratorium at an agreed upon timeframe. Further discussion ensued regarding whether a shorter timeframe would allow for staff to complete the amendments to the City Land Development Code. Assistant City Manager Shadrix clarified that he is not suggesting it will take the entire 90 days since their goal is to get this before the Commission and adopted well prior to that. Staff will work to get this done at whatever timeframe the Commission decides, but there will be public hearings, which is why they wanted to set a similar timeframe to that of Winter Garden. Mr. Shadrix emphasized that with the amount of time that the City has put with the Downtown/429 Study he would not recommend in good faith that they allow the moratorium to expire. Further discussion ensued regarding the 429 corridor and the standards that will be proposed for that area. Motion: Approval to extend the July 31, 2016, deadline 90 days on Ordinance No. 2016-003 regarding Implementing a Temporary Moratorium on Development around the State Road 429 Study Area. Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion carried 3-2 with Mayor Johnson and Commissioner Keller opposing. 71Page Regular City Commission July 19,2016 G. PUBLIC HEARING—None H. FIRST/SECOND READING OF ORDINANCE—None I. REGULAR AGENDA- 8:14 PM 15. City Center West Orange. (Continued from the June 21, 2016 meeting.) (City Planner Rumer) The City Center West Orange project is generally located south of Maine Street, east of Bluford Avenue and north of West Colonial Drive (SR 50)adjoining Lake Bennet. On July 6,2010,the City Commission adopted the "CRA Target Areas Special Development Plan." The subject site is located within what is considered "Target Area 2." Target Area 2 was further divided into two general sub areas ("Sub-Area 1" and"Sub-Area 2"). Sub-Area 1, which is located along the frontage of Bluford Avenue and SR 50, provides for a more conventional suburban design while Sub-Area 2 is intended to be a more urban environment. The proposed site construction is generally located in Sub-Area 2. On April 21, 2015, the City Commission reviewed and approved the Preliminary Site/Subdivision Plan. The City Center West Orange Final Site Plan (FSP) for Phases 1 -3 will be developed as a mixed-use commercial,hotel, and multi-family development. Phase 1 will consist of a multi-story (8 stories) building complex (Building C-J) containing 54,250 square feet of Retail, 75,000 square feet of Restaurant, 106 Dwelling Units(Condos)and a Hotel containing 122 rooms. This multi- story complex building will have all the requisite infrastructure and amenities (tennis court, swimming pool, volleyball sand court, pavilions, and clubhouse) including an internal parking facility. Stormwater abatement, dedication of right-of-way for the extension and construction of Maine Street and access roadways will also be done as part of Phase 1. Phase 2 and 3 will consist of one(1)additional(8 stories)building complex(Building A-B)with an internal parking facility. The building complex(Building A-B) will contain 20,820 square feet of Retail, 22,040 square feet of Restaurant, and 166 Dwelling Units (Condos). On March 8, 2016, the Planning & Zoning Commission voted unanimously to recommend approval of the Final Site Plan for City Center West Orange,subject to resolving any remaining staff comments. a) Final Site Plan for Phases 1-3 b) Development Agreement This item was pulled at the request of the Applicant and will be continued to the August 2, 2016, Commission Meeting. J. STAFF ACTION ITEMS - None 1_ K. COMMENTS FROM COMMISSIONERS - 8:14 PM Commissioner Keller—None. Commissioner Firstner—None. Commissioner Wilsen — 1) Shared that Item #9 Approval of Awarding Bid #B16-05 Asphalt Paving Projects for Fiscal Year 2016 was passed on consent. She briefly read the names of the roads within the Ocoee Hills and Brentwood Subdivisions that will be repaved. 2) Said last budget hearing when they approved changes with the insurance, they had decided they would come back in 6 months to discuss the HRA, which they never did do. She inquired if staff could bring this back up in August. 3)Announced Budget Workshops are August 15th and August 30th and Budget Hearings are September 12th and 21st all beginning at 6:00 pm. She encouraged residents to attend the budget meetings, because they would like to hear their feedback. 8IPage Regular City Commission July 19, 2016 Commissioner Grogan — 1) Reminded residents that July 29th is the deadline for the Charter Review applications, which they can download from the City's website or pick up at the City Clerk's office. 2) Inquired about a professional audit being done on the City. He shared his knowledge regarding audits since that is what he was hired to do at Disney. He indicated that an audit would be beneficial and inquired if it could be done before the budget. Discussion ensued. Mayor Johnson—None. ADJOURNMENT - 8:25 PM APPROVED: Attest: City of Ocoee .14/tA. jjt,at N. • Melanie Sibbitt, Acting City Clerk Rusty Johns i n 4 ayor 9IPage