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11-04-08 Agenda 1- OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida November 4, 2008 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum I B. PRESENTATIONS AND PROCLAMATIONS Presentation to Officer Dewey Mullan for Chair erson Gro an I Officer of the Quarter - CACOPD C. COMMENTS FROM CITIZENS/PUBLIC I D. COMMISSIONERS ANNOUNCEMENTS E. 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 SEP ARA TEL Y. 1. Approval and Acceptance of the Regular City Commission Minutes of October 21,2008. (City Clerk Eikenberry) 2. Reappointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry) The two-year terms of Gordon Applegate, Mary Barber, Phyllis Neal-Wilson and Veronica Royce end October 31, 2008. Gordon Applegate, Mary Barber and Veronica Royce have indicated they are willing to serve another two-year term, if reappointed. Member Neal-Wilson has not expressed interest in being reappointed to the board. 3. Approval of Award of Blackwood Avenue Reclaimed Water Connector Design Services Contract to the Firm of CPH Engineers, Inc. in the Amount of $34,314.98 through Services Authorization 08-001 of an Existing Contract for Engineering Services in the SR 50 Corridor. (City Engineer Wheeler) The Blackwood Avenue Reclaimed Water Connector has been a long-planned means of interconnecting the Conserv reclaimed water main on Old Winter Garden Road to the City ofOcoee's reclaimed water system at the southern end of Montgomery A venue. A future City reclaimed water system extension from Montgomery A venue to Clarke Road will provide full interconnection of the two reclaimed water systems. Funding for the Blackwood Connector project is included in the list of projects funded by the Utility Bond. 4. Approval of Payments Totaling $325,000 to the Owners of the Fountains West Development in Accordance with the Development Agreement of December 22, 2006, and Subsequent Commitments by City Staff. (City Engineer Wheeler) The Engineering Department has proposed that the City reimburse the developers in the amount of $247,655.76 to reflect the excess impact fees paid in 2007, and make the $75,000 payment for upsizing the reclaimed water main. Accordingly, the Department requests that the City Commission authorize the Finance Department to make those payments to OCOE, LLC. City Commission Regular November 4, 2008 5. Approval to Award Prairie Lake Park Design Contract to Bellomo-Herbert & Co., Inc. in the Amount of $61,556.00. (City Engineer Wheeler) The City has a continuing contract for park and recreation design services with the fIrm of Bellomo- Herbert & Co., Inc. Work under this contract is authorized by purchase order following the specifIcation of a scope of work by the City and negotiation of a price proposal. A project budget of $478,411.05 for design and construction includes $278,411.05 in City funds and $200,000 in a State FRDAP matching grant. The proposed design work will develop construction plans and acquire environmental permits to build these improvements, which include restrooms, multi-purpose ballfIeld, additional parking, boardwalk and fishing pier, landscaping, and various park amenities (e.g., benches and picnic tables). Future work is likely to include creation of a trail system to the west of the formal recreational facilities. 6. Approval of Change Order No. 3 for the Pioneer Key Regional Stormwater Pond Construction Project to Accommodate Final Construction Modifications in the Amount of $21,010.37. (City Engineer Wheeler) During the course of construction, various design elements were judged by the City to benefit from modifIcation in location and specification. The most significant owner-directed change was in the design and construction ofthe weir structure that diverts water from the Northwest Ditch into the new stormwater pond was originally a fIxed earthen dam. A concrete weir structure with a removable gate was designed as an alternative that would allow diversion of the water around the pond for maintenance. Other changes made under owner direction were to build a reinforced concrete driveway apron across the shallow force main on this side of Palm Drive, relocate the sidewalk to a location adjacent to the parking area in order to facilitate access, and install additional riprap along the inflow channel. Deletions made were the result of reducing the amount of storm drain piping required and elimination of the Orange County building permit fee by annexing the property into the City. Construction of the regional stormwater pond is funded by a State grant. 7. Approval of Change Order No.2 with Southern Site Works for Intersection Improvements at West RoadlOcoee Crown Point Parkway at Ocoee-Apopka Road in the Amount of $5,883.77. (City Engineer Wheeler) Southern Site Works is presently under contract to the City of Ocoee to provide turn lanes and a new traffic signal for West Road/Crown Point Parkway at Ocoee-Apopka Road as part of an ongoing Orange County project to realign West Road and Ocoee Crown Point Parkway. The work has been completed, although there was considerable delay related to accommodation of conflicting utilities. The proposed change order will closeout the project by reconciling fmal unit quantities and recognizing the additional work required to provide pedestrian access through the intersection, as jointly determined with Orange County. The additional work, all of which was owner-directed, was the result of a cooperative effort between Orange County and the City of Ocoee; Orange County also incurred charges related to these improvements. The change order includes an official time extension of 82 days for the project; there are no associated costs. 8. Approval of Award of RFP #09-001 Continuing Contracts for Geotechnical Testing Services. (Purchasing Agent Tolbert) The City's continuing contracts for geotechnical testing services have either expired or are non- existent. In compliance with the policies and procedures of the City of Ocoee Code Chapter 21, a Request for Proposals (RFP) was advertised with the intention to award continuing contracts for geotechnical testing services to no fewer than three (3) fIrms deemed to be the most highly qualifIed to perform the required services. Firms selected by the City will provide geotechnical testing services to the City on an as needed basis, based upon task work orders to be issued by the City under the continuing contracts. The contracts shall automatically be renewed annually unless terminated by the City, for a maximum of fIve (5) years from the date of execution. 9. Approval of the 3-Year Collective Bargaining Agreement between the City and IAFF. (Human Resources Director Carnicella) This Collective Bargaining Agreement governs the terms and conditions of employment for Fire Department Employees covered under the IAFF Union. The previous Collective Bargaining Agreement with the IAFF ended September 30, 2008. Staff respectfully recommends the Commission Page 2 of5 I I I City Commission Regular November 4, 2008 adopt the Collective Bargaining Agreement. Approximately $33,000 for increase in paramedic incentive pay and approximately $10,000 for increase in working out of classifIcation pay (total approximate amount of $43,000 should come from Contingency). 10. Approval of Ocoee Pines (tka Whispering Pines) Final Subdivision Plan. (Principal Planner Fabre) The Final Subdivision Plan (FSP) proposes 189 single-family residential lots and 154 townhome units with associated infrastructure. As a result, the FSP has a total of 343 dwelling units which does not exceed the underlying land use density capacity or maximum allowed. The maximum gross residential density is approximately 3.37 dwelling units per acre. The Final Subdivision Plan layout places the townhomes on the northeastern portion of the site. The PUD specifIes minimum lot sizes of75 feet by 120 feet (Type I), 70 feet by 120 feet (Type II), 60 feet by 120 feet (Type III) and 25 feet by 60 feet for the townhomes portion of the site. The minimum living area for the single-family portion is 2,000 square feet for Type I, 1,800 square feet for Type II, 1,600 square feet for Type III and 1,200 square feet for the townhome portion. 11. Approval to Reimburse Sandstone Builders, Inc. for Construction of a Portion of Columbus Street as Road Impact Fee Credit. (City Engineer Wheeler) Approval for the City of Ocoee to reimburse Sandstone Builders, Inc. for the construction of the improvements to Columbus Street in the area of the drainage right-of-way between the Sandstone property and the Fire Station as a Road Impact Fee Credit. Staff recommends that the City Commission approve the reimbursement to Sandstone Builders, Inc. for the improvements to Columbus Street at the drainage right-of-way in the amount of $18,460.29 from the Road Impact Fee Account. I F. PUBLIC HEARINGS I 12. Second Reading of Ordinance for Changes to City of Ocoee Police Officers' and Firefighters' Retirement Trust Fund. (Advertised in the Orlando Sentinel Legal Classified on Sunday, October 26, 2008) (Police Chief Brown) Amendment to the Police OffIcers' and FirefIghters' Pension Ordinance to include the following changes: 1) Allow DROP (Deferred Retirement Option Plan) participants to serve as a trustee but not vote for elected trustees. 2) Optional Forms of BenefIts is amended by adding a PLOP (partial Lump Sum Option Payment) provision, providing for the election of a partial lump sum payment in increments from 5 to 20 percent with the corresponding balance paid in accordance with the normal form or option selected. 3) Deferred Retirement Option Plan is amended by adding a BAC-DROP provision allowing a participant to work past hislher Normal Retirement Date and retroactively enter the DROP (Deferred Retirement Option Plan). 4) Finances and Fund management, amending investment policy. 13. Hill Variance. (Advertised in the Orlando Sentinel Legal Classified on Thursday, October 22, 2008) (Principal Planner Rumer) This variance application requests that a proposed sunroom addition at 478 Little Aspen Court be allowed to encroach on the 25 foot rear yard setback established by the zoning district. The applicant's intent is to construct the bathroom addition for immediate use and the sunroom would be constructed at a future date. The applicant consulted with the Building Department on the requirements for making the addition and was informed that due to the 25' setback; a variance would be re uired. G. REGULAR AGENDA 14. First Reading of Ordinance for Fountains at Highland Park. (Second Reading and Public Hearing scheduledfor November 18,2008) (Principal Planner Fabre) The proposed Fountains at Highland Park is a mixed-use development consisting of professional office, medical office, and accessory retail and restaurant. This mixed-use office park will also include amenities for the users including a feature pond, walkways surrounding the property and benches located at each building consistent with the city requirements. Each lot will be sold as fee simple with Page 3 of5 City Commission Regular November 4, 2008 a mandatory Property Owners Association. Therefore, owners of each building will be responsible for maintenance of the infrastructure and amenities. The total project will be developed in two phases. The Preliminary Subdivision Plan proposes seventeen (17) commercial lots, which are sized to fIt the proposed building structures with the exception of Lot 17. All of the lots will be serviced by common tracts (Tracts "A," "B" and "C"). These tracts of land will address the need for the requisite infrastructure (access, parking, sidewalks, landscaping, etc.) improvements. a. PUD Land Use Plan/Rezoning b. Preliminary Subdivision Plan/Site Plan 15. Approval of Most Valuable Partnership (MVP) Grant Award Extension. (Community Relations Manager Wright) The Most Valuable Partnership grant program cycle is open once per year in November and is funded for $20,000. Ocoee neighborhood associations and civic groups are eligible to apply for MVP grants and may be awarded up to $2,500 in matching grant funds. Organizations that were awarded grant money were required to complete their improvement projects by September 29, 2008, in order to receive their matching grant monies. Hope Charter School was awarded a $2,500 Most Valuable Partnership Grant on February 19, 2008, to install new playground equipment. Hope Charter School did not meet the September 29th deadline to complete their project due to construction at their school. Hope Charter School recently completed their project and installed the playground equipment. Hope Charter is requesting that the City issue the $2,500 matching grant using monies from contingency. I H. STAFF REPORTS 16. Discussion Regarding HRDB Requesting City African Folklore Event for Black History Month. I of Ocoee to Sponsor Orisirisi (Commissioner Keller) I I. COMMENTS FROM COMMISSIONERS I 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) 90S -3105 48 HOURS IN ADVANCE OF THE MEETING. Page 4 of5