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12-03-13MINUTES December 3, 2013, at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Mayor Vandergrift. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson (absent), and Commissioner Keller. Also Present: City Attorney Cookson, City Manager Frank, City Clerk Eikenberry B. PRESENTATIONS AND PROCLAMATIONS Introduction and Swearinj4 In of Fire Department Battalion Chief Earl Youman Fire Chief McNeil gave a brief introduction of the newest Fire Department Battalion Chief Earl Youman. Deputy Fire Chief Hoover conducted the swearing in of Mr. Youman. After the swearing in ceremony, Battalion Chief Earl Youman, thanked staff for his hire and the opportunity to work in Ocoee. C. COMMENTS FROM CITIZENS /PUBLIC Ocoee Lion's Club Members presented a check to Ocoee Police Chief Brown in the amount of $500.00 to go toward their annual holiday toy drive for kids in need. Ocoee Police Chief Brown thanked the Ocoee Lion's Club and announced this will help with at least 200 families that have enrolled so far. He further explained that they are also hosting the Shop with a Cop Program at Wal -Mart on Saturday, December 14"'. Lion's Club Member Sills further announced that the Lion's Club will be also be accepting unwrapped gifts during the Christmas Parade which they will turn over to the Ocoee Police Department. The Ocoee Christmas Parade will be at 10:00 a.m. on Saturday, December 7"'. This year the parade falls on Pearl Harbor Day and they have received confirmation that they will have 10 Veterans from WWII including the Grand Marshall who is also a Veteran. If anyone is interested in pushing the wheelchairs for the Veterans' who will be in the parade they can contact the Ocoee Lion's Club. Information was also given on the food baskets that are collected/distributed for families in need. To find out more regarding how to contribute and help with events go to ocoeelionsclub.org website. D. STAFF REPORTS AND AGENDA REVIEW - None E. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller — announced the Holiday Tree Lighting Ceremony on this Saturday, December 7 from 4:00 p.m. to 9:00 p.m. at the historic Withers - Maguire House and Bill Breeze Park. Commissioner Grogan — announced Shop with a Cop on Saturday, December 14, 2013, at 7:00a.m. The Ocoee Police Department will be partnering with Walmart for our Shop with a Cop event. Approximately forty children registered for our "Holiday in Toys for Kids in Need Program" will be selected for this event. Regular City Commission December 3, 2013 Commissioner Wilsen — announced the Ocoee Fire Department will be doing their annual Operation Santa event. Signs should have been posted within your neighborhood with a date and time of Santa's visit. Unwrapped toys will also be collected during Santa's visit which will go to the Kid's in Need Program. Mayor Vandergrift — announced the annual Holiday Lighting Contest for Ocoee residents. Information for this event can be found on the City's website. Prizes will be awarded to the winners. F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Consent Agenda Items #1 through #5 with Item #6 being pulled to be heard for separate consideration. Motion carried 4 -0 with Commissioner Johnson absent. 1. Approval of Minutes for the Regular Commission Meeting Held November 19, 2013. (City Clerk Eikenberry) Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 2. Appointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry) Members of the Parks and Recreation Advisory Board serve two -year terms. The Ordinance provides that the Parks and Recreation Advisory Board membership shall consist of nine (9) members and whenever possible, appointments to the Board may include one member from each of the following organizations: Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior Citizens Association. Currently the board has seven (8) members. One application was recently submitted. Ocoee resident Sandra Hudson has indicated she is interested in serving on this board. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 3. Reappointment to the Citizens Advisory Council to the Ocoee Police Department (CACOPD). (City Clerk Eikenberry) Members of the Citizen Advisory Council for Ocoee Police Department serve three -year terms. The Resolution creating the Board allows no more than fifteen (15) members. The board currently has seven (7) members. The term of Member Jerry Zielinski will expire in January, and lie has indicated an interest in being considered for reappointment. Additionally, as a member on the CACOPD Mr. Zielinski also currently serves on the Violations Hearing Board since that board requires that two members be appointed from among the membership of the CACOPD. There are no applications currently on file. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 4. Award of Bid #B14 -01 Peach Lake Manor Drainage Improvements Phases 3, 4, and 5. (Purchasing Agent Tolbert) In conformance with the policies and procedures of the City of Ocoee (City), bids were solicited from qualified contractors to furnish, deliver, and install all materials, equipment, incidentals, and services, including all labor, for improvements to the roadways and drainage infrastructure within the Peach Lake Manor subdivision; for improvements shown for Phases 3, 4 and 5 in the Construction Plans and Specifications prepared by Singhofen & Associates Inc. The work for these Phases include improvements to the secondary drainage system consisting of new storm water pipes, structures, curb & gutter, and re- grading and paving of existing roadways along Mona Avenue, Maureen Avenue, Jemima Avenue, Sal Street, Lady Avenue Perce Street and Ursula Street. The work consists of approximately 2,000 FT of new pipes, 24 new inlets, and 4,800 FT of roadway restoration. The project is located in the Wekiva River Basin area, and the improvements will provide treatment of stormwater in an area where existing treatment is limited. _21Page_ Regular City Commission December 3, 2013 The bid was publicly advertised on September 22, 2013, and opened on October 22, 2013. There were a total of five (5) bids submitted; however, Masci General Contractor Inc. withdrew their bid due to erroneous calculation errors. The Public Works and Finance Departments reviewed the remaining four (4) bids and all were considered responsive. Staff recommends awarding the bid to Dewitt Excavating for $1,267,462.06 as the most responsive and responsible bidder. Dewitt's bid is $248,537.94 lower than the $1,516,000.00 Engineer's estimate for this project. There is $1,791,242.60 available in the Stormwater Capital Improvement Program to fund this project, leaving a balance of $523,780.54 for this project and future phases. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 5. Approval of 3 -Year Lease - Purchase Agreement with Suntrust Bank for (4) Police Patrol Vehicles. (Purchasing Agent Tolbert) The budget for Fiscal Year 13/14 includes the three (3) year lease - purchase of (4) Police Patrol Cars ($40,000 for payments). The Florida Sheriffs Association Contract 913 -21 -0904 with AutoNation provides the lowest competitively bid pricing; (4) patrol cars @ $28,628 /each. The City of Ocoee participates each year in the FSA co- op bid, and the bid encompasses dealerships in the Western, Northern, Central, and Southern parts of the State of Florida. The total cost requiring financing approval is $114,512.00 at an interest rate of 1.664% for three (3) years through SunTrust Bank. Approved on Consent. Motion carried 4 -0 with Commissioner Johnson absent. 6. Approval of Change Order 42 with Hazen Construction LLC for the North Side Reclaimed Water Main Extension Project. (City Engineer Wheeler) The North Side Reclaimed Water Main Extension project provides for the installation of a 16 inch reclaimed water main along McCormick Road from the entrance to the McCormick Woods subdivision west to Ocoee - Apopka Road and then south on Ocoee - Apopka Road to the entrance to the Fountains West commercial development. The path of the pipeline followed the right -of -way for McCormick and Ocoee - Apopka Roads. The original design proposed to have the City's new 16 inch reuse pipeline located approximately half way between the edge of pavement and the SR 429 bridge end wall as the pipeline passed under SR 429. Both shoulders of McCormick Road are very crowded with existing water, sewer, and gas pipelines, and telephone, electrical power, and cable TV conduits. To maintain minimum spacing from all of these pipelines, conduits, and the bridge end wall, the new reuse pipeline needed to be located under the pavement. The second item on the change order is to change the method of pipe installation in crossing McCormick Road at the intersection with Ocoee - Apopka Road from open cut to directional drill. The project was designed and bid utilizing the open cut method, because it was not anticipated that there were many conflicts in this area. Once accurate locates of the existing utilities and the convenience stores septic system were provided, it was determined that installing the new 16 inch pipeline across the intersection would be easier and safer by the directional drill method. The total cost for Change Order 42 with Hazen Construction LLC is $59,391.00 with an adjustment in contract time of 45 days. Funds are available for this change order in the overall project budget in the Utility Fund. Mayor Vandergrift inquired if it was normal for the supplier to not deduct the cost of the PVC pipe they did not use. Utilities Director Smith explained that there is two phases for this project and the pipe the Mayor is referring to will still need to be used. Mr. Smith further explained the method of pipe installation they would be doing which resulted in them not needing the pipe in question for this current phase but will be utilized for a portion of the phase 2 work. Mayor Vandergrift, seconded by Commissioner Grogan, moved to approve Change Order #2 with Hazen Construction LLC for the North Side Reclaimed Water Main Extension Project. Motion carried 4 -0 with Commissioner Johnson I G. FIRST READING OF ORDINANCE I _31Page_ Regular City Commission December 3, 2013 7. Reduction of Impact Fees & Deferral of Transportation Impact Fee Payment — Extension until July 1, 2014. (Second Reading and Public Hearing scheduled for December 17, 2013, Regular Commission Meeting at 7.•15 p.m. or soon thereafter). (City Planner Rumer) The City extended economic incentives for new construction last year that are by ordinance set to expire on January 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 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 the first quarter of next year, using newly released transportation data fi FDOT and Metro Plan. Staff is requesting an extension to the current impact fee reduction until July 1, 2014, in order to complete the impact fee update. City Attorney Cookson read the title of the Ordinance. Mayor Vandergrift announced the second reading and public hearing will be held on December 17, 2013, Regular Commission Meeting at 7:15 p.m. or soon thereafter. H. PUBLIC HE ARINGS 8. All Sports Memory Care /Assisted Living Facility — Preliminary /Final Site Plan. (Advertised in the Orlando Sentinel on Thursday, November 21, 2013). (Principal Planner Fabre) The subject property is located on the north side of Roberson Road approximately 627 feet east of Tomyn Boulevard (Windermere Road) intersection. The property is approximately 17.17 acres in size of which approximately 3.65 acres are designated as wetlands /floodzones. The subject property consists of a vacant and undeveloped land fronting on Roberson Road. The Future Land Use designation for the subject site is "Low Density Residential" and "Conservation /Floodplains ". The requested "Memory Care /Assisted Living" use is consistent with the Future Land Use element and zoning (R -1 AA) district. The Preliminary /Final Site Plan will consist of a three- story, 112,269 square feet, 120 beds Memory Care /Assisted Living Facility. Principal Planner Fabre gave a brief presentation with exhibits on the proposed "Memory Care /Assisted Living" project. The property is approximately 17.17 acres in size of which approximately 3.65 acres are designated as wetlands /floodzones. The subject property consists of a vacant and undeveloped land fronting on Roberson Road. The Future Land Use designation for the subject site is "Low Density Residential" and "Conservation/Floodplains ". The requested use is consistent with the Future Land Use element and zoning (R -1AA) district. Mayor Vandergrift opened the public hearing. Art Py, Vice President of Wesmere Subdivision, briefly spoke regarding the developer approaching their HOA about purchasing the land adjacent to the proposed development. Mr. Py said he wanted it to be on record as a third party concern that they realize they do not have to sell the property in question, but they are open to conversation on this issue. He further shared they are looking at their declaration to see if they can they can indeed even sell that portion of the property. Mr. Py inquired from staff if the proposed development would be confined within the original property. City Planner Rumer explained that the proposal by the property owner for the additional property is for future planning or a future phase two; the current project being proposed is totally contained on the site. Further discussion ensued. Denise Gregorie, 826 Santee Terre Lane, Winter Garden, FL, briefly spoke in regard to the traffic issues at Roberson and Tomyn Road. She is aware that portions of the road are owned by Orange County, Winter Garden, and Ocoee and is inquiring if the City is going to contribute any 41Page Regular City Commission December 3, 2013 funds to helping resolve the traffic issue. City Manager Frank briefly explained the portion of the road she is referring to is a County Road and the County has decided they will be putting a roundabout once they have the funds to build it. The City does not agree that will resolve the traffic issue in the long term so no funds have been contributed toward that project. After a brief discussion, Ms. Gregorie was advised that she could contact her County Commissioner, Scott Boyd, to share her concerns. Mayor Vandergrift closed the public hearing. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve All Sports Memory Care /Assisted Living Facility — Preliminary /Final Site Plan per staff's recommendation and subiect to resolving any remaining outstanding staff comments. Motion carried 4 -0 with Commissioner Johnson absent. I. REGUL AGENDA — no items J. STAFF ACT ION ITEMS - none K. COMMENTS FROM COMMISSIONERS Commissioner Grogan — reminded residents that Shop with a Cop on Saturday, December 14, 2013, at 7:00a.m. Commissioner Wilsen — reminded residents Operation Santa event has begun. Look for signs in your neighborhood announcing date and time. Commissioner Keller — reminded residents to come out to the Ocoee Christmas Parade and Christmas Tree Lighting event both on Saturday, December 7 Mayor Vandergrift — 1) briefly inquired about the City lighting the Oak trees by the lake. After a brief discussion it was asked if staff could look into it. 2) inquired about the Wad's being purchased. Support Services Director Butler explained it was approved in the budget and out of the $8000 they budgeted only $4800 will be used for the Wad's. ADJOURNMENT Meeting adjourned at 8:14 p.m. Attest: APPROVED: City of Ocoee All B i eth Eikenberry, City CI A \ I t f S. Scott Vandergrift, Mayor _ 5 1Page