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07-07-15 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida July 7,2015 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 Proclamation—Parks and Recreation Month—July 2015. (Mayor Vandergrift) C. COMMENTS FROM CITIZENS/PUBLIC 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 Commission Meeting Held June 16, 2015. (City Clerk Eikenberry) 2. Approval of Easement Use Agreement - 345 Enterprise Street, Ocoee, FL 34761. (Utilities Director Smith) The City utilizes Utility Easements over certain properties for placement of various infrastructure for the benefit of the public. On May 5,2015, the City Commission approved the Amended and Restated Drainage,Utility and Access Easement across the western portion of property located at 345 Enterprise Street, in conjunction with the Lift Station#10 improvements project. This easement is primarily used for storm water drainage,maintenance access and utilities placement. The owner of 345 Enterprise Street, Superior Roadway Services, would like to place a portion of a concrete slab within the restated easement. This slab is to be used as a wash down area for the owner's equipment. The portion of this slab's encroachment will not affect the functionality of the easement. Additionally,the Easement Use Agreement contains language that the City will not be responsible for any restoration of the slab if it must be removed for repairs within the easement. The City's attorney has reviewed and approved the Easement Use Agreement. 3. Approval of Ocoee West Transmission System Lift Station #10 and #12 Modifications. (Utilities Director Smith) As part of the Ocoee West Transmission System Project, and in conjunction with the State Road 50 widening project,sewer flows from the South and North Maguire Road areas and along State Road 50 West of Bluford Avenue shall be temporarily directed to the gravity collection system on the north side of State Road 50 until the Ocoee West Transmission Project is completed. To ensure the redirected flows can be accommodated by the gravity system, three (3) lift stations' ( #10, #12 and #62) flows need to be throttled in concert with each other. To accomplish this work, each station needs to be equipped with Variable Frequency Drives (VFDs) and Radio Terminal Units (RTUs) capable of communicating with each other through the Alarm Monitoring Control Center. Regular City Commission July 7,2015 Lift Station#62, for which construction shall begin with the next 45 days, is planned to be outfitted accordingly. Rehabilitation of Lift Station#10 shall be completed in July 2015,and it will need to be retrofitted with VFDs and have its RTU (SciText SCADA programmable logic controller) reprogrammed. Lift Station #12 is a triplex station (three pumps) which requires three (3) VFD retrofits and the conversion of its RTU to a SciText system. The City's standard for lift stations is the SciText SCADA programmable logic controller system. Staff recommends that Commission authorize the City Manager to contract with Sanders Company, Inc. in the amount of$29,025.00 to supply the equipment and labor to convert Lift Station#10 and Lift Station#12 to VFD stations running on the Department's Alarm Monitoring Control Center. 4. Approval to Award 12 Month Extension of Emergency Ambulance Service to Rural Metro Ambulance. (Fire Chief Miller) Rural Metro is proposing the same service it is currently providing at no cost to the City. The financial compensation for Rural Metro services rendered will be from funds received for fee for service billings and collections and contractual arrangements with insurance organizations and other payers. The fee schedule including any increases will be approved by the City Commission. Supplies, equipment and medications utilized by the City of Ocoee Fire Rescue Department in the delivery of patient care shall be replaced on a no cost basis to the City. The initial term of the agreement with Rural Metro was for three(3)years beginning September 1,2012 with two(2)twelve month optional extensions for a total of five(5)years. Each extension must be approved by the City Commission. 5. Ocoee Crown Point PUD Mitigation. (City Engineer Wheeler) a) Resolution of the Army Corps. Of Engineers Permitting for the Ocoee Crown Point PUD by Purchasing Credits at a Mitigation Bank. The City purchased the Coca-Cola property in 2000 and has moved through the development process to create the Ocoee Crown Point PUD. As part of that development process permits were required to be obtained from various agencies including the St. John's River Water Management District (SJRWMD) and the United States Army Corps of Engineers (USACOE) for wetlands impacts and mitigation. The original permits from both agencies required mitigation in the form of wetland preservation throughout the site and wetland enhancement along Staten Branch and smaller select areas. The wetland enhancement along Staten Branch did not fair well as the water levels in Lake Apopka have lowered and the enhancement areas were no longer properly hydrated. The City was able to resolve the mitigation issue with the SJRWMD and received a permit modification from them in 2012. The existing USACOE permit has expired and requires a modification to resolve the incomplete enhancement mitigation area. Due to changes in the USACOE regulations,the USACOE now requires the purchase of credits at a fresh water wetland Mitigation Bank as opposed to onsite wetland enhancement or preservation. To resolve the outstanding issues with the USACOE permitting process for the Ocoee Crown Point PUD, the City will need to purchase 0.44 credits from the Lake Louisa Mitigation Bank for the price of$8,800.00. b) Additional Funding for the Ocoee Crown Point PUD Project for USACOE Permitting and Survey Services for the Transfer of Land to OCPS. The City Commission approved a project in the 2014/15 Fiscal Year Budget for the USACOE Permitting for the Ocoee Crown Point PUD and Surveying Services needed to transfer the"Bus Site" and the Elementary School properties to the Orange County Public Schools. The City Commission funded$12,500 for the City's share of the project. The project required$25,000 to complete,of which half of the costs were to be refunded to the City by OCPS. Staff did not realize that almost all of the work will be accomplished this fiscal year. It was anticipated that a request would be needed in next year's budget to cover the second half of the funding. The"Bus Site"property has already been transferred to OCPS. It appears that with the approval to purchase the Credits in the Lake Louisa Mitigation Bank, the USACOE permit will be completed this year, too. Staff has been working with Mattamy Homes and OCPS on the Elementary School property and it may be ready to transfer before the end of the fiscal year. Therefore this entire project should be completed this year. The Finance Department is requiring that the remainder of the project be funded, realizing that those funds will be reimbursed by OCPS upon invoicing. 2IPage Regular City Commission July 7, 2015 G. SECOND READING OF ORDINANCES- PUBLIC HEARINGS 6. Second Reading of Ordinance Relating to Establishing Requirements for Emergency Access to Gated Communities Including Existing Gated Communities. (Advertised in the West Orange Times on Thursday, June 25, 2015.) (Police Chief Brown) The City of Ocoee desires to ensure the safety of the citizens and provided the most expedient and effective responses 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. H. REGULAR AGENDA 7. Designation of Voting Delegate — Florida League of Cities, Inc. Annual Conference. (City Clerk Eikenberry) The Florida League of Cities (FLC) is holding their 89th Annual Conference at the World Center Marriott, Orlando, Florida, on August 13-15, 2015. The FLC is requesting that any proposed resolutions are received before July 8, 2015, and that the City of Ocoee's Voting Delegate is designated and received by August 7,2015. 8. Appraisal of City-owned Property at the Intersection of AD Mims Road and Clarke Road as a Result of an Unsolicited offer from Charter Schools Development Corp. to Purchase 9.5 acres for $1.6 million. (Support Services Director Butler) The City acquired 12 acres of land (Parcel No. 09-22-28-0000-00-05) from the Silvestri Investment Group of Florida,Inc. on December 29,2006,at a cost of$3.5 million. Charter Schools Development Corp. submitted an unsolicited offer to purchase approximately 9.5 acres of the property for $1.6 million, which represents an average price of about $168,421 per acre. The offer is contingent upon receipt of all necessary approvals for construction of a K-8 charter school of at least 80,000 square feet on the site. A deposit of$10,000 would be paid upon execution of a sales agreement. The buyer would have 90 days for due diligence, primarily to complete a detailed property inspection, during which time the buyer may cancel the transaction for any reason, with the deposit fully refunded. A second deposit of$10,000 would be paid after the due-diligence period,assuming that all requirements are satisfied. Both deposits will apply against the purchase price, if the transaction is completed. Following direction from the City Commission at the May 19 meeting, and with the potential buyer's financial support,the City secured an appraisal of the property from Property Valuation&Consulting, Inc. of Winter Garden. The 12-acre site was appraised as three parcels based on a change in land use classification to mixed-use or multi-family residential for Parcel A and retaining the existing PUD commercial zoning for Parcel B: $580,000—Parcel A,2.5 acres in SW corner of property(to be retained by City) $1,370,000—Parcel B,9.5 acres sought by charter school $23,000—Parcel C,a 15-foot strip of land reserved for future deceleration/right-turn lane $1,973,000—Total Value Given the amount of the offer and the appraised value of the land not included in the proposed sale,the total parcel value is$2,203,000, which is 63%of the purchase price and 85%of the outstanding loan amount. Final action to accept the offer and execute a sales agreement would require a second vote following a public hearing. 3IPage Regular City Commission July 7,2015 9. Amendment to Declaration of Covenants,Conditions,and Restrictions for Ocoee Business Park. (City Attorney Cookson) On April 22, 2005, the Declaration of Covenants, Conditions, and Restrictions (CCRs) for Ocoee Business Park were recorded in the Official Records of Orange County, Florida. Pursuant to Sections 12.5 and 13.1 of the CCRs, the City must consent to any changes to certain sections of the CCRs. Among the sections to which the City must consent to an amendment is section 3.3, Use Restriction and Rules, which presently allows for vehicles to be stored, placed, or warehoused on site when used to convey persons to and from the site. When left overnight, such vehicles must be stored within the interior of the Business Park and may not be visible from the streets,roadways, and walkways within the Business Park. In June 2015,the Owner submitted language to the City proposing to amend section 3.3 of the CCRs. The amendment would allow for the storage, placement, and warehousing of operational vehicles (defined to include trucks, trailers, vehicles, and personalty)at the site on a 24/7 basis, not just when used to convey persons to and from the site. However, the parking areas may not be used for the storage of vehicles that are not affiliated with a business at the site nor may they store inoperable vehicles on site. I. STAFF ACTION ITEMS J. COMMENTS FROM COMMISSIONERS 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. 4IPage