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02-04-14 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida February 4, 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 Presentation of Check by Parks and Recreation Department along with Representatives from Chick -fil -A to the S.T.A.R.S. of West Orange as the Beneficiary of the Proceeds from the Chick -fil -A 5K Run and Kids Fun Run During the Founders Day Celebration. C. COMMENTS FROM CITIZENSIPUBLIC 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 THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes for the Regular 4- ommission Alleettng nciu jauua, Zj, 2014. (City Clerk Eikenberry) 2. New Appointment of Tammy Mullan to the Citizen Advisory Council for Ocoee Police Department. (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 eight (8) members. One application was recently submitted for appointment to the Citizen Advisory Council for Ocoee Police Department (CACOPD); therefore staff recommends the City Commission consider appointing Tammy Mullan to the Citizen Advisory Council for Ocoee Police Department with a term ending January 1, 2017. 3. Approval of Suntree Technologies Baffle Box - Flewelling Ave. Drainage System. (Public Works Director Krug) The Spring Lake drainage basin collects storm water from a large upland area along Flewelling Avenue. Flewelling Avenue acts as the spine of the collector system bringing drainage east to Spring Lake. The existing drainage system piping between Ridgefield Drive and the lake has deteriorated over time requiring replacement to restore proper water flow and relieve flooding. The Stormwater Division performed a drainage study of the occasional flooding in this area and produced an in -house designed solution that has been approved by SJRWMD. Part of the design is providing a baffle box Regular City Commission February 4, 2014 treatment system for the stormwater flowing from the upland area before it enters Spring Lake. The existing drainage does not provide any stormwater treatment as it discharges directly into the lake. The Stormwater Division reviewed baffle box designs from several vendors, each with a proprietary design that address a specific need in a specific situation. Following a thorough review, it was determined that Suntree Technologies' baffle box design met the project requirements to collect debris, separate nutrients and skim oils from the water. Public Works recommends awarding a purchase order to Suntree Technologies, Inc. for the proprietary 9.5' wide x 15.5' long x 9.5' deep baffle box as described in the proposal for a total delivered cost of $51,795.00. The purchase is adequately funded in the Stormwater budget. 4. Approval to Expend and/ or Grant Forfeiture Monies to Law Enforcement Related Uses and Charities in the amount of $22,750. (Police Chief Brown) Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than fifteen (15) percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). 5. Approval of Resolution for a Four (4) Year Lease /Purchase Agreement with Branch Banking and Trust Company (BB &T) for Various Heavy Equipment included in the FY 13/14 Budget. (Purchasing Agent Tolbert) The budget for Fiscal Year 13/14 includes the four (4) year lease - purchase of (2) Garbage Trucks, (1) Tractor, (1) Bus, and (1) Asphalt Paving Truck ($181,095 total budgeted for payments). The Finance Department obtained interest rate quotes from BB &T (1.39 %), Suntrust Bank (1.536 %), and BMO Harris Bank (2 %). Staff recommends that the City Commission adopt Resolution #2014 -001 approving financing terms with BB &T Branch Banking and Trust Company (BB &T), and authorize the Mayor, City Clerk, and Staff to execute the Lease - Purchase Agreement Schedule No. 9909001665- 00001 and related documents for the amount of $691,637.80 at an interest rate of 1.39% for four (4) years, with payments of $44,380.35 per quarter, to close on or before February 7, 2014. 6. Approval of Award of RFP #14 -002 Laboratory Services for City Water & Wastewater Facilities to Primary Firm Tri -Tech Laboratories Inc. and Secondary Firm Flowers Chemical Laboratories Inc.. (Purchasing Agent Tolbert) In conformance with Chapter 21 (Purchasing Code) of the City Code of Ordinances, the City solicited competitive proposals from experienced Contractors to establish a multi -year Contract for laboratory services for City water and wastewater facilities. The City intends to award this contract to a primary and a secondary firm. The contracts shall have an initial three (3) year period with two automatic one - year renewable extensions, for a total of five (5) years; unless otherwise terminated by the City, in writing, at least thirty (30) days' prior to the annual renewal date(s). The contract may include a clause authorizing price adjustments after the initial 3 -year period. The RFP evaluation committee meeting was held on January 8, 2014, with the Evaluation Committee evaluating and short- listing the firms on specific evaluation criteria. The Evaluation Committee short- listed the following firms in ranked order, and recommends contracting with the top ranked firm, Tri - Tech Laboratories Inc. as the primary firm, and contracting with the second ranked firm, Flowers Chemical Laboratories Inc. as the secondary firm, per the award recommendation from the Utilities Director. The City currently utilizes both of these firms for laboratory services without a formal contract. Staff recommends that the City Commission award the term contracts for RFP 414 -002 Laboratory Services for City Water and Wastewater Facilities to primary firm Tri -Tech Laboratories Inc. in the amount of unit prices proposed, and secondary firm Flowers Chemical Laboratories Inc. in the amount of unit prices proposed. There was approximately $45,000 expensed for these services last fiscal year. 2111age Regular City Commission February 4, 2014 G. FIRST READING OF ORDINANCES 7. Ocoee Elementary School. (Second Reading and Public Hearing scheduled for February 18, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre) The subject parcel is the expansion site for the existing Ocoee Elementary School. The subject property is considered contiguous to the City of Ocoee since it bordered by property located within the City limits on the north, west and south adjacent boundaries. City staff has requested a City of Ocoee zoning designation of "A -I" (General Agricultural), which is consistent with the zoning of the property to the North (the existing Ocoee Elementary School property). a. Annexation Ordinance b. Rezoning Ordinance 8. Spring Lake Reserve. (Second Reading and Public Hearing scheduled for February 18, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre) The subject property is located on the south side of A.D. Mims Road directly across from the City's Jim Beech Recreation Center. The subject site is approximately 43.21 acres in size of which 17.56 acres are uplands and 25.65 acres are wetlands /surface water. The Spring Lake Reserve PUD is a planned residential subdivision that proposes a total of 99 single- family detached residential lots with a requested net density of 5.59 units per acre, which does not exceed the underlying land use maximum density allowed. The PUD is proposed to have a neo- traditional neighborhood design concept similar to The Villages of Wesmere. a. Rezoning to PUD Ordinance b. Land Use Plan H. SECOND READING OF ORDINANCES - PUBLIC HEARINGS 9. Land Development Code Amendment - Amendment to Include Bars and Cocktail Lounges as a Permitted Use. (Advertised in the Orlando Sentinel on Thursday, January 9, 2014, and Thursday, January 23, 2014). (City Planner Rumer) Bars and cocktail lounges are prohibited within the City of Ocoee unless it is associated with a restaurant seating a minimum of 45 people. With the establishment of the CRA Target Areas which are intended to provide an urban development pattern to include mixed uses and multiple use buildings, staff recognized the need to permit bars and cocktail lounges as permitted uses in certain zoning districts. Before moving forward with introducing bars and cocktail Lounges in the City, the City Planner met with the Mayor and Commission individually to gage interest and seek comments on an ordinance establishing bars and cocktail lounges. Based on those meetings, staff has proposed three options for consideration to permit bars and cocktail lounges with one option from the Planning & Zoning Board: Option #1: Bars and Cocktail Lounge - permitted in C -3 and TA (CRA Target Areas) zoning districts Option 92: Bars and Cocktail Lounge permitted by Special Exception in C -2, permitted in C -3, 1 -1, and TA (CRA Target Areas) Option 93: Bars and Cocktail Lounge —permitted in C -2, C -3, and I -1 zoning districts Option 44 (P&Z Recommendation) — Special Exception in C- 2,C -3, 1 -1, and TA (CRA Target Areas) Besides adding the uses to the zoning table, Section 5 -8 will have to be amended to remove bars and cocktail lounges from the list of prohibited uses within the City. 10. Land Development Code Amendment — Application Submission Criteria for Denied Projects for Rezoning /Special Exceptions. (Advertised in the Orlando Sentinel on Thursday, January 9, 2014, and Thursday, January 23, 2014). (City Planner Rumer) Article IV and Article V of the City of Ocoee Land Development Code (LDC) regulates application submittal requirements for Special Exceptions and Rezoning. Currently, there are no provisions limiting the time for resubmitting an application that has been denied by the City Commission. Due to a rezoning case where an application for rezoning was denied by the City Commission, and a 3 1Page Regular City Commission February 4, 2014 subsequent re- application was submitted four months after the denial hearing date, staff was directed by the City Commission to look into provided a waiting period. Upon review of the information gathered, staff has proposed three options: Option #1: If the city commission denies an ordinance to rezone a property including to PUD or denies a special exception for a use on a property, the city commission shall take no further action on another application of the same proposal or zoning district for a period of six (6) months from the date of denial. Option 92: If the city commission denies an ordinance to rezone a property including to PUD or denies a special exception for a use on a property, the city commission shall take no further action on another application of the same proposal or zoning district for a period of nine (9) months from the date of denial. Option 93: If the city commission denies an ordinance to rezone a property to PUD or denies a special exception for a use on a property, the city commission shall take no further action on another application of the same proposal or zoning district for a period of one (1) year from the date of denial. I. REGULAR AGENDA 11. Approval of Most Valuable Partnership Grants. (Community Relations Manager Wright) The Most Valuable Partnership Grants Program has been in operation for several years. The grant program assists Ocoee neighborhoods and organizations with projects that will enhance property values and improve the quality of life in Ocoee. The MVP grant program is a matching grant program held once each year. The maximum matching grant award is $2,000. Funding is not given up front, but is reimbursed at the completion of the organization's project. Applicants fund their improvement projects and then get a portion back, up to a maximum of $2,000. Seven organizations were recommended to receive grants in varying amounts that use the total amount of available funding. The seven applicants are: Admiral Pointe HOA; Lake Olympia Club; Rose Hill Phase 3 HOA; Rotary Club of Ocoee; Sleepy Harbour HOA; Silver Glenn HOA and Woman's Club of Ocoee. The total amount of grant monies requested from the seven applicants is $13,182. There is $12,000 funded for this year's MVP Grant Program. The grant money requested exceeds the funding that is available. J. STAFF ACTION ITEMS K. COMMENTS FROM COMMISS 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. 41Page