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02-17-15 MINUTES February 17, 2015, 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 Commissioner Johnson. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson, and Commissioner Keller. l B. PRESENTATIONS AND PROCLAMATIONS Recognition of Detective Michelle Grogan as the Ocoee Police Department's 2014 Crisis Intervention Team "CIT" Officer of the Year - Cancelled Presentation of Financial Report for Founders' Day Event and Awarding of Certificates to Founders' Day Event Volunteers After giving an overview of the Founders' Day event activities, Commissioner Johnson briefly introduced the volunteers and employees that helped make the 2014 Founders' Day event a success. Certificates were awarded to each volunteer. Commissioner Johnson also announced that the Founders' Day event collected funds that they were able to donate to the Fire Department for the purchase of a foam machine that helps put out fires quickly. After the presentation of the awards a demonstration of the foam machine was conducted outside by the Fire Department. RECESS: 7:27 - 7:34 p.m. - --- - - - - -- - - - -- ----- - - - - -- — - - - - -- - C. COMMENTS FROM CITIZENS /PUBLIC Gary Hood, 2028 Hedgerow Circle, announced that the Little League Opening Ceremony and Parade is Saturday, February 28 and would like to invite the Commission to attend. The parade will begin at 8 a.m. with the ceremonies beginning at 9 a.m. Mr. Hood thanked City staff for all their help in assisting with the Little League and the City for standing behind them. D. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced that the Women's Club of Ocoee will host a Candidate Forum on February 25, 2015, at 6:30 p.m. in the Commission Chambers for the candidates seeking office in the March 10, 2015 Municipal Election. All candidates have been invited to attend; Rosemary Wilsen and Mike Hopper for District 2, and Joel Keller and George Oliver for District 4. The forum will be televised live and rebroadcasted until the election. E. COMMISSIONERS ANNOUNCEMENTS 1 Commissioner Grogan - None Regular City Commission February 17, 2015 Commissioner Wilsen 1) announced the 1O Annual Spring Fling event will be March 14 from 10a.m. -- 3 p.m. at the Bill Breeze Park. This is a free event to educate the community which includes free food, activities, and live demonstrations all aimed at reinforcing safe behavior. 2) announced Thursday, February 26 at 7:00 p.m. is the Black History Month Essay Contest in the Commission Chambers at City I Tall. Commissioner Johnson — None Commissioner Keller -- announced the Parks and Recreation Department will be hosting its monthly Food Truck Friday event on Friday, February 20th, from 6:00 to 9:00 pm. on Lakeshore Drive, in Bill Breeze Park. Food trucks will be offering gourmet food and delectable treats, and the movie "Maleficent" will be shown during the event; the movie will start at 7:OOp.m. So come out and enjoy a dinner and a movie in the park. F. CONSENT AGENDA Commissioner Keller, seconded by Commissioner Johnson, moved to approve the Consent Agenda Items #1 through #7. Motion carried 5 -0. 1. Approval of Minutes for the Regular Commission Meeting Held February 3, 2015. (City Clerk Eikenberry) Approved on Consent. Motion carried 5 -0. 2. Approval of Appointment to the Board of Adjustment. (City Clerk Eikenberry) Currently, the board has four (4) regular members thus leaving one vacant member and two (2) alternate members' positions open. An application was recently submitted by Lavon Williams showing an interest on being appointed to the Board of Adjustment. Staff recommends that the Honorable Mayor and City Commissioners consider appointing Lavon Williams to serve as a regular member with a term ending May 2018. Approved on Consent. Motion carried 5 -0. 3. Approval to Expend and/ or Grant Forfeiture Monies to Law Enforcement Related Uses and Charities. (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. Approved on Consent. Motion carried 5 -0. 4. Approval of 3 -Year Lease - Purchase Agreement with SunTrust Bank for (10) Police Patrol Vehicles (Replacements). (Purchasing Agent Tolbert) The budget for Fiscal Year 14/15 includes the three (3) year Lease - purchase of (10) Police Patrol Vehicles (5119,000 for payments). The Florida Sheriffs Association Contract #14 -22 -0904 provides the lowest competitively bid pricing; (6) Dodge Chargers a, 531,095.25 /each through AutoNation, and (4) Chevrolet Tahoes $38,753.80/each through Alan Jay. 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. 21P age Regular City Commission February 17, 2015 The Finance Department obtained interest rate quotes from SunTrust Bank (1.65 %) and BMO Harris Bank (2.158 %). BB &T was unable to quote at this time. SunTrust Bank is requiring a new Master Lease Agreement (No. 09728) be executed by the City as the previous Master Lease executed in 2001 is now outdated. This is Equipment Schedule No. 1 to the new Master Lease Agreement. Staff recommends that the City Commission: 1) piggyback the Florida Sheriff's Associations Vehicle Contract #14 -22 -0904 and 2) Secure financing through SunTrust Bank, and authorize the Mayor, City Clerk, and Staff to execute the Master Lease Agreement No. 09728 and Equipment Schedule No. 1 and related documents for the amount of $341,586.70 at an interest rate of 1.65% for three (3) years, to close on or before March 1, 2015. Approved on Consent. Motion carried 5 -0. 5. Approval of Re- assignment of Reimbursement of 200' of 20" Forcemain, which is a Portion of the Downtown — Western Transmission Main Project from SB Ocoee FDS, LLC,. to Stephens Barrios, LLC. (Utilities Director Smith) SB Ocoee FDS, LLC developed the Family Dollar Store on Wurst Road where the construction causes improvements (driveway, curb and sidewalks) to be constructed within the Wurst Road right -of -way. The Downtown — Western Transmission Main Project scheduled for construction the summer of 2015, routes a 20" transmission main in the Wurst Road right -of -way under said improvements. Thus for mutual benefits to both parties, SB Ocoee FDS constructed the portion of the pipeline under said improvements and the City agreed to reimburse SB Ocoee FDS cost of the installation. City Commission approved the reimbursement at is August 5, 2014, meeting in the amount of $22,267.00 and the work was completed the fall of 2014. Stephens Barrios, LLC is the primary operating company, which oversees Barrios Engineering, LLC and SB Ocoee FDS, LLC. Barrios Engineering, LLC is a design firm for civil engineering projects such as Family Dollar. Occasionally, Stephens Barrios, LLC creates limited liability corporations for specific purposes with limitation in life (less than 1 yr.). Thus Stephens Barrios LLC is requesting the reassignment to the parent company, which maintains insurance levels consistent with City requirements. Approved on Consent. Motion carried 5 -0. 6. Approval of Change Order #l. Southwest Development Utility Improvements - Phase 1. (Utilities Director Smith) The Southwest Development Utility Improvements Project (Phase 1 & Phase I1) pre - stages the water and wastewater utilities along Roberson Rd and Windermere Rd from Wesmere Parkway to Patriots Point Drive. The City is pre - staging the work due to no single development having sufficient potential to cause the needed construction of utilities to support development. Each party upon development shall be responsible to reimburse the City their fair share of the construction cost of the improvements. The City Commission awarded a contract to GO Underground Utilities, LLC for $249,751.00 for a phase 1 project at the December 2, 2014, City Commission meeting. Subsequence the awarding of the project, the largest planned development, All Sports, relocated to the Chateau Reserve parcel and intensified their development_ The result was a greater fire flow demand than originally planned requiring changes to the awarded phase 1 project. To accommodate the relocated development, inspired Living Memory Care aka: Windermere West Memory Care, the main in front of the development and extending north to Patriots Point Dr. needs to be increased from 8" to 12 "; and a second looping connection is needed at Patriots Point. The second proposed main will run from Patriots Point north to an existing 16" water main crossing under Windermere Road. Staff recommends approval of Change Order #1 to Southwest Development Utility Improvement Phase 1 Project with GO Underground in the amount of $124,983.44. Approved on Consent. Motion carried 5 -0. 3 Page Regular City Commission February 17, 2015 7. Sponsorship of "West Orange Membership Appreciation Breakfast" at Ocoee Lakeshore Center. (City Manager Frank) For the past two years, the city has partnered with The West Orange Chamber of Commerce and sponsored a signature event at the Ocoee Lakeshore Center, Typically, the financial commitment has included a no -cost rental of the Ocoee Lakeshore Center as an in -kind contribution toward the sponsorship and no additional funds are spent on the event. Sponsorship of these events showcases the Ocoee Lakeshore Center to the business community and helps to secure additional rentals during the year. In addition, the city is identified as a sponsor in associated advertisements and marketing efforts. The West Orange Chamber of Commerce has requested the City sponsor the 2015 Member Appreciation Breakfast on December 3, 2015. The sponsorship would involve a no -cost rental of the Ocoee Lakeshore Center and no additional financial commitment. Approved on Consent. Motion carried 5 -0. C. SECOND READING OF ORDINANCE 8. Second Reading of Ordinance for Amendment to Article 1, Chapter 153 of the City of Ocoee Code, Relating to Access Provisions to Gated Communities. (Advertised in the Orlando Sentinel on Sunday, Februmy 8, 2015). (Police Chief Brown) The City of Ocoee desires to ensure the safety of the citizens and provided the most expedient and effective response to emergencies and calls for service in gated communities. This ordinance change is proposed to ensure that new subdivisions and those with existing emergency vehicle access system shall have those systems updated, modified, or replaced in light of changes in technology, policy, or change in equipment used by the police department or fire department for gated subdivision entry. City Attorney Cookson read the title of the ordinance. Commissioner Grogan, seconded by Commissioner Keller, moved to table this item to a date certain of May 19, 2015. Motion carried 5 -0. L H. PUBLIC HEARINGS 9. Windermere West Memory Care (FICA Inspired Living Assisted Living Facility) — Preliminary/Final Site Plan. (Advertised in the West Orange Times on Thursday, Februmy 5, 2015). (City Planner Rumer) The Preliminary /Final Site Plan will consist of a three -story 102,729 square feet 150 bed Memory Care /Assisted Living Facility. The memory care will consist of a single -story with the assisted living being located in a three story portion. The facility will have two access points on Tomyn Blvd. An eight (8) foot sidewalk will be installed along Tomyn Blvd. There will be a 15 foot landscape buffer with landscaping above the code requirements along the entire frontage of Tomyn Boulevard. Water and wastewater, reclaimed water (when available), solid waste, police and fire protection will all be provided by the City of Ocoee. City Planner Rumer presented the Preliminary /Final Site Plan. Commissioner Grogan inquired if there was a need for any turn lanes to get into the property. City Planner Ruiner advised that a turn lane was not warranted, but in future plans, they will be widening Tomyn Blvd. 4�1'ag Regular City Commission February 17, 2015 Commissioner Keller said he is glad to see that most of the 3 -story building is in an area that is not very populated and further inquired if the building is far enough away so that people are not looking over into surrounding neighbors' backyard. City Planner Rumer explained there is roughly 153 feet from the 3 -story building to the rear property line of the neighboring residential homes. Further information was provided on the finished floor elevation. Commissioner Johnson inquired if there will be any landscaping between the houses and the proposed project and if any vegetation would be removed. City Planner Rumer explained there will be two swell systems to collect water as well as a landscape buffer. There are a lot of junk camphor trees that will need to be removed. Commissioner Johnson inquired how many trees would be replanted to replace the ones being removed. City Planner Rumer explained that for the whole site, there will be about 400 trees removed with over 300 trees being planted back. Further discussion ensued regarding the trees. Commissioner Wilsen inquired from City Planner Rumer if the one Planning & Zoning Commission member who opposed this project gave an explanation as to why. City Planner Rumer said that the member relayed that he felt this project was being expedited without having all the comments answered, or a DRC recommendation. Ile further explained the review process that the project went through prior to getting to this preliminary /final site plan. Cliff Davis, Owner /Developer, introduced himself and said he and Civil Engineer Jean Abi- Aoun are available to answer any questions. It was requested by Commissioner Johnson that the utility position of the project be explained. Jean Abi -Aoun, Civil Engineer, briefly provided explanation. Mayor Vandergrift opened the public hearing. The following residents voiced their concerns and questions regarding the Inspired Living Assisted Living Facility & Memory Care project: • John Grilli, 2162 Blackjack Oak Street • Denise Tahali, 2146 Blackjack Oak Street • Jim McNicol, 830 Patriots Point Drive • Anne Walsh, 2277 Blackjack Oak Street • Gerald Gaestel, 2214 Blackjack Oak Street • R.P. Monacky, 1820 Prairie Lake Blvd. Some of the shared concerns and requests from the residents included: • The close proximity to the Brookestone Subdivision and the buffer zone. • To ensure the creek remains a viable way to carry out storm water. • How the lighting will affect the neighboring residents. • Location of the dumpster on the property. • Fencing for security concerns and to maintain gated community privacy. • The removal of so many mature trees. • The proximity of the proposed project's pool to the home of the residents. • The naming of the project as "Windermere West ". • The installation of a traffic light to alleviate traffic during peak hours. • Encroachment of the project onto the wetlands. • Noise factor from S.R. 429. 5IPage Regular City Commission February 17, 2015 Civil Engineer Jean Abi -Aoun addressed the concerns and suggestions made by the residents. Mayor Vandergrift closed the public hearing. RECESS 8:48 — 9:02 p.m. Commissioner Wilsen commented that if this project gets approved, she was wondering if the developer would consider allowing the Police Department to install an antenna on their 3 -story building for use of their Wildfire security system program. The developer seemed intrigued and was told he could get more information from the Police Department. Commissioner Johnson inquired what the time line was for the construction. Civil Engineer Jean Abi -Aoun answered 12 months. Mayor Vandergrift inquired if they would be able to put a fountain in the pond. The developer agreed that it would be a great idea. Commissioner Johnson, seconded by Commissioner Keller, moved to approve the Preliminary /Final Site Plan per staff's recommendations with the condition that the developer meet with the residents for a walk through to consider landscaping after the silk fence is installed; and the word "Windermere" not be used in naming the facility. Motion carried 5 -0. I. REGULAR AGENDA 10. Code Enforcement Reduction of Fine /Lien for Kandy L. Valentine regarding 610 Sherwood Oaks Circle. (Assistant Director of Support Services Gaines) This case involves an air conditioning contractor, Crums Climate Control, Inc., who failed to obtain multiple permits and inspections throughout the city to the extent that the building official ordered only the contractor be cited before the Code Enforcement Board. The property owner in this case was not cited, and no case was brought before the Code Enforcement Board regarding the property owner. Unfortunately, a lien was recorded against the property as well as the offending contractor. Kandy L Valentine, the property owner who was not cited in this case, is requesting the fine /lien amount of $13,100.00 be eliminated. She never received any notifications, as she was not cited or named. Only the contractor was cited, which was not the legal way of citing the property. Support Services Assistant Director Gaines gave a brief history of the case and advised that the property owner is requesting an elimination of the lien as they were never cited. The fine imposed was against the air conditioning contractor and the property had been in compliance since 2007. Commissioner Grogan, seconded by Commissioner Johnson, moved to approve per staff's recommendation to drop all charges with regard to this lien. Motion carried 5 -0. Wage Regular City Commission February 17, 2015 11. Appointment of Members of the 2015 Canvassing Board. (City Clerk Eikenberry) In accordance with Section C -50 of the Ocoee City Charter the Canvasing Board will consist of three (3) citizens appointed by the City Commission. On February 5, 2013, the consensus of the commission was that the Mayor and the two Commissioners whose districts seats are not part of the election should each select one member of the Canvassing Board. In keeping with that practice, Mayor Vandergrift, Commissioner Johnson, and Commissioner Grogan would each need to appoint a member of the canvassing board. The Canvassing Board will meet on March 10, 2015, at 4:00 p.m., at the Supervisor of Elections Office, 119 West Kaley Street, Orlando. The process of canvassing and auditing the election results can take several hours. City Clerk Eikenberry advised that they are requesting the Mayor and the two Commissioners whose districts are not part of the election to select members of the canvassing board. Consensus of the Commission was to make the three appointments prior to the March 3 Commission Meeting and they will be ratified at that meeting. 12. Economic Development and Master Planning Program. (Assistant City Manager Shadrix) The City Commission in the 2014 /2015 budget set aside money specifically for launching an economic development and master planning program. With the initiation of the State Road 429 joint: planning study (funded by a state grant), the initial step towards accomplishing the City's economic development goals has begun. The next steps are vital to moving the City towards reaching its goals of revitalizing and redeveloping downtown Ocoee, and growing business, and include: A. A new downtown master plan B. An economic development program targeting high wage jobs C. A commercial marketing /retail strategy Assistant City Manager Shadrix briefly explained the steps that are vital to move the City towards reaching its goal of revitalizing and redeveloping downtown Ocoee. He noted that money has been placed in the budget for these services. There was discussion that development of the downtown and the 429 corridor was a major issue that came from the strategic planning sessions and everyone agreed we needed to move forward on this. a. RFQ for Planning Services for Downtown Redevelopment. The first step in the Economic Development and Master Planning program is the creation of a Master Plan for Downtown Ocoee. This planning process will follow the Master Planning endeavor currently underway on the 429 Interchange Study, and it is anticipated that the findings of that study will be effectively integrated into the Downtown Ocoee Master Plan. It is believed that a much more detailed analysis of the existing downtown including its market potential, needed utility and roadway upgrades and overall community amenity enhancements will set the stage for future City projects in this area. In order to begin this process, the City will need to hire a multi - disciplinary team of consultants specializing in the fields of planning, landscape architecture, real estate market analysis, utilities, roadways, and community design, among others, to undertake this complex work. As a result, staff is prepared to issue a Request for Qualifications (RFQ) to interview interested Planning/Landscape Architectural firms which could fulfill the lead role in assembling a team of consultants sufficient to carry out this study, as well as future tasks associated with general City planning and development needs (the City's general planning services contracts have now expired). Accordingly, the RFQ will be structured to enable several firms to be recommended to the City Commission as Continuing Service Providers, with the top -rated firm given the initial contract to undertake the first phase of the Ocoee Downtown Master Planning work. This is anticipated to cost approximately $250,000.00. Commissioner Johnson, seconded by Commissioner Grogan, moved to approve with the RFQ for Planning Services for Downtown Redevelopment. Motion carried 5 -0. 7IPage Regular City Commission February 17, 2015 b. Award Contract to Randolph Bracy for Economic Development Consulting not to exceed S20,000. In support of the City Commission's Economic Development and Master Planning Program, during the February 3 commission meeting, the City Commission by consensus directed the City Manager to move forward with contracting with Randolph Consulting as an economic development strategist /consultant. The City's efforts to re- develop downtown along with creating a high wage employment corridor along the State Road 429 corridor include needs for being positioned to interact with companies and businesses willing to potentially relocate to Ocoee. Mr. Bracy has already proven to be skilled in interaction with the business community and has facilitated several meetings with City staff and well -known companies in the employment center and re- development arena. Assistant City Manager Shadrix said that another way to reach our objectives is to hire a consultant for economic development and to assist with attracting high -wage jobs to the City of Ocoee. Randolph Bracey has submitted a proposal and staff recommends hiring him. He has already done a lot of work to assist the city including arranging meetings with companies with regard to bringing businesses to the city. He also recently purchased a home in Ocoee. Commissioner Wilsen, seconded by Commissioner Johnson, moved to award contract to Randolph Bracy for Economic Development Consulting not to exceed $20,000 c. Award Contract to Retail Strategies, LLC for Commercial Retail Marketing. With the City's target for increasing its employment base and housing needs will drive a need for quality retail to support that type of growth. The State Road 429 master planning study and the City's downtown master plan will bring a need for a commercial and retail strategy and marketing program. Retail Strategies, LLC is a company that specializes in working inside the retail industry to leverage relationships and promote efforts of their client cities. The retail industry heavily relies on the inter - relationships between developers, the finance industry, and retail companies through organizations such as the International Council of Shopping Centers (ICSC). Hiring Retail Strategies will produce a plan tailored to the City's goals and needs, and a platform for enhancing staff's efforts at national retail conferences, in addition to having a team of experts who are full time marketing retail opportunities for the City. This contract will support our efforts to re- develop downtown and will also benefit existing shopping centers in the City, such as the West Oaks Mall and other smaller shopping centers. Assistant City Manager Shadrix explained that we need a retail marketing plan support our efforts to create a downtown and to benefit existing retailers in the city. IIe explained that he would like the Commission to waive the requirement to do an RFP or RFQ so that they can hire Retail Strategies, LLC. We have seen their response to other cities RFPs and like what they have proposed in Jacksonville Beach, as well as other cities. We considered piggybacking off of other city contracts, but we were able to independently negotiate for more services than what was offered in other contracts. Commissioner Wilsen, seconded by Commissioner Grogan, moved waive the RFP requirement and to award contract to Retail Strategies, LLC for commercial retail marketing per staff's recommendation. Motion carried 5 -0. 8 1Page Regular City Commission February 17, 2015 J. STAFF ACTION ITEMS City Attorney Cookson advised that the City recently was named in a class action law suit relating to the red light cameras. ATS, our provider for the red light camera program, has agreed to bear the cost of the defense and has hired a law firm to defend ATS and all of the participating cities. In order to take advantage of using the law firm, we have to sign a retainer agreement with the law firm of Weiss, Serota, Helfman, Cole, Bierman & Popok, authorizing them to represent the city and stating that ATS is responsible for payment. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Retainer with the Iaw firm of Weiss, Serota, Helfman, Cole, Beirman & Popok for the class action lawsuit regarding red Tight cameras, cost to be borne by ATS. Motion carried 5 -0. K. COMMENTS FROM COMMISSIONERS Commissioner Grogan — announced there is a new event being hosted by the Police Department called Coffee with a Cop. Join your neighbors and Police Officers March 11 from 10:00 a.m. — 12:00 p.m. at Starbucks. No agenda or speeches, just a chance to ask questions and voice concerns. Commissioner Wilsen — None Commissioner Johnson - 1) announced there is a Retirement Dinner on March 7 for Fire Lt. Dennis Trimble and the firefighters would like to have the use of the lson Center and inquired if the fees could be waived. Commissioner Johnson, seconded by Commissioner Grogan, moved to waive the fees for use of the Ison Center on March 7 for the Retirement Dinner for Fire Lt. Dennis Trimble. Motion carried 5 -0. 2) announced he would like to donate $2500 for rental of a bus for the Ocoee High School Marching Band and their trip to Washington D. C. to march in the Memorial Day Parade in May. Commissioner Johnson, seconded by Commissioner Grogan, moved to approve $2500 from contingency fund to go toward the Ocoee High School Marching Band for rental of a bus on their trip to Washington D.C. in May. Motion carried 5 -0. Commissioner Keller provided a handout [provided by staff] that shows all of the liens that are currently outstanding in the City and was hoping they could look it over to decide how they could get some of there cleaned up. He further inquired if they can get with staff and possibly start an amnesty program or even send out notices on a quarterly basis so they can get this under control. A brief discussion ensued regarding the current process ('ode Enforcement uses in notifying the respondents and possibly creating an amnesty program. City Attorney Cookson advised it may take two months to figure out an amnesty program and bring a report back to the commission. Commissioner Wilsen, seconded by Commissioner Johnson, moved that staff bring forward a report on creating an amnesty program within the next 3 months. Motion carried 5 -0. 9JPage Regular City Commission February 17, 2015 Mayor Vandergrift — No Comments ADJOURNMENT Meeting adjourned at 9:43 p.m. APPROVED: Attest: City of Ocoee - 4 4 ' )N14 -- — B =!.ikenberry, City Cler1 S. Scott Vandergrift, Mayor 101 P a ge