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05-03-2016 Minutes MINUTES May 3, 2016 at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER- 7:16 PM Mayor Johnson called the regular session to order at 7:16 p.m. in the Commission Chambers of Y g P City Hall. The invocation was led by Commissioner Keller followed by the Pledge of Allegiance to the Flag, led by Commissioner Firstner. Acting City Clerk Sibbitt called roll and declared a quorum present. Roll Call: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Keller. B. PRESENTATIONS AND PROCLAMATIONS - 7:18 PM Proclamations—May 2016. (Mayor Johnson) ➢ Teacher Appreciation Week May 2-6, read by Commissioner Keller. Proclamation accepted by a teacher in the audience. ➢ Building Safety Month, read by Commissioner Grogan. Building Official Dean Hall was in attendance to accept the Proclamation. • National Water Safety Month, read by Commissioner Firstner. Parks and Recreation Director Hayes, Recreation Leader/Pool Manager Steven McDonald, Recreation Aides/Lifeguards/Lesson Instructors Stephen Mathews, Marisa Cummins and Andrea Robertson were in attendance to accept the Proclamation. Legislative Update by Senator Geraldine Thompson - Commissioner Wilsen congratulated Senator Thompson on receiving the Senator of the Year Award. Senator Thompson gave a PowerPoint presentation outlining the legislative agenda, session overview and budget appropriations. Commissioner Keller thanked Senator Thompson for her diligent work of getting the PD facility and Oakland Trail proposals into the budget, which unfortunately the governor vetoed. R.P. Monacky, resident, 1820 Prairie Lake Blvd., inquired of Senator Thompson if voting by mail only has been discussed within Florida to which she responded in the affirmative. Commissioner Wilsen thanked Senator Thompson for voting against changing the election schedule. Mayor Johnson advised Senator Thompson that he is frustrated that our city seems to be overlooked when it comes to awarding budget appropriations. Senator Thompson explained the budget and lobbying processes with municipalities. Presentation—Downtown Redevelopment Project Update. Assistant City Manager Shadrix updated the Board on the "Early Actions" in the Downtown Master Plan, which is a Fast Track design to leverage current downtown infrastructure projects. This Fast Track includes the Main Street Extension, Bluford Avenue Phase I (Columbus to Delaware), Bluford Avenue Phase II (Delaware to Silver Star), Lakeshore Sidewalk Extension. Discussion ensued. C. COMMENTS FROM CITIZENS/PUBLIC -8:01 PM Kael Johnson, 601 Thornebrooke Drive, representing Thornebrooke Elementary School, spoke to the Board about a program entitled "Odyssey of the Mind," which is an international educational program that provides creative problem-solving opportunities for students. He explained that team members apply their creativity to solve problems that range from building Regular City Commission May 3,2016 mechanical devices to presenting their own interpretation of literary classics to which they then bring their solutions to competition on the local, state and world level. Thornebrooke Elementa ry has a team of seven children who came in second place at the regionals last year, which led them to the state competition where they came in second place, in hosted by Iowa State University taking is leading them to the world competition being y tY g place at the end of this month. The team is asking for funding to help them with travel expenses. Commissioner Keller inquired how many people are traveling and if the students are all from Ocoee. Mr. Johnson said 18 total; seven team members and the rest parents, but he is unaware of their addresses and mentioned Thornebrooke Elementary is located in Ocoee. Commissioner Firstner inquired how much funding they have raised thus far, and Mr. Johnson said $1,000 from a GoFundMe account along with continued efforts from Thornebrooke's PTO, bake sales and community sponsorships. Commissioner Wilsen expressed she supports education, but explained she wishes to adhere to the City's grant program, which gives out grants twice a year for programs such as this. Commissioner Grogan expressed he would be willing to use some of the grant money out of the next cycle to help fund their trip. Mayor Johnson indicated he is not very fond of the City's grant program; and further, he expressed he is excited to see the children involved in this program and also mentioned that Thornebrooke Elementary is one of the best innovative schools around. Mayor Johnson asked City Manager Frank if there are enough funds to donate $1,000. City Manager Frank advised there is currently$5,500 in contingency funding. Mayor Johnson requested to sponsor their trip with$1,500. Motion: Move to support the Best and Brightest Students of Thornebrooke Elementary and approve allocation of $1,500 out of contingency for sponsoring their Odyssey of the Mind program. Moved by Commissioner Firstner, seconded by Commissioner Keller; Motion carried 4-1 with Commissioner Wilsen opposing. D. STAFF REPORTS AND AGENDA REVIEW - 8:13 PM City Manager Frank announced the following: 1) On the dais in front of them is Revised Item No. 4, which had an incorrect figure listed in the memorandum. 2) Also on the dais are items for Item No. 13, which is an additional application for the Planning and Zoning Board and a resume for Dr. Richemond, which were not included in the packet. E. COMMISSIONERS ANNOUNCEMENTS - 8:14 PM Commissioner Grogan—None. Commissioner'Wilsen—None. 2IPage Regular City Commission May 3, 2016 Commissioner Firstner — Advised residents within District 3 who may be experiencing problems with their water bill that the City is aware and the department is making the adjustments that need to be made to rectify the issue. Commissioner Keller—None. Mayor Johnson—None. F. CONSENT AGENDA - 8:15 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda. Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion carried unanimously. 1. Approval of Minutes for the Regular Commission Meeting held April 19, 2016. (Acting City Clerk Sibbitt) Approved on Consent. Motion carried 5-0 2. Approval of Deed to the City of 40 Foot Right-of-Way at 790 Pine Street (Parcel 18-22- 28-0000-00-016). (City Attorney Cookson) On July 7, 2015, the Office of City Attorney was contacted relating to a property located at 790 Pine Street, While preparing to sell the property, the owner discovered no records relating to the conveyance or dedication of the 40 foot roadway running along the east boundary of Parcel Number 18-22-28-0000-00-016 (790 Pine Street). Historically, the City has maintained this portion of Pine Street. So the property owner's attorney contacted the City to discuss the issue. The Orange County Property Appraiser's Office and City staff researched the issue and confirmed no record of a transactional conveyance or dedication of the property to the City or the County. The owner offered to prepare a Deed and convey to the City the 40 feet of right-of-way at no cost to the City. The Deed has been reviewed and approved by the City Engineer and the Assistant City Attorney. Approved on Consent. Motion carried 5-0 3. Approval of the Casa Mirella Replat and the Second Amendment to Declaration of Covenants,Restrictions and Easements for Casa Mirella. (City Engineer Wheeler) The plat for the Casa Mirella development was originally approved at the September 16, 2008, City Commission meeting. Casa Mirella is a 22.81 acre mixed-use commercial and multi-family residential development located at the southwest corner of Maguire and Roberson Roads. The development is comprised of a 1.17 acre commercial tract and 21.64 acres for the multi-family residential tract. This replat of the Casa Mirella development is being required to terminate Blanket Easements for stormwater and sanitary sewer systems and create Perpetual Easements for the final construction of the stormwater collection and treatment ponds and the fmal construction of the sanitary sewer collection system. The Second Amendment to Declaration of Covenants,Restrictions,and Easements for Casa Mirella resolves the termination and creation of the easements. The replat of the development is required as a condition of the Second Amendment to Declaration of Easements (Belmere PD). Belmere PD is the master development of which Casa Mirella is a portion. The requirement of the replat is to terminate a previously recorded MRLLC Temporary Sanitary Sewer Easement and to amend the MRLLC Stormwater Drainage Easement,which were created with the Belmere PD. Approved on Consent. Motion carried 5-0 3IPage Regular City Commission May 3,2016 4. Approval of Mediated Settlement Agreement in the case of City of Ocoee v. Lakendon, et al.; Parcels 104, 501 and 803 Dobson. (Special Counsel Solik) Request for approval of Mediated Settlement Agreement in the case of City of Ocoee v. Lakendon, et al., Parcels 104, 501 and 803 Dobson. This case is an eminent domain action to acquire the ROW necessary to construct the Maguire Road Phase V project. Approved on Consent. Motion carried 5-0 5. Approval of and Closing on Tract Donation from West Orange Habitat for Humanity. (City Planner Rumer) The West Orange Habitat for Humanity is the owner of property located at 135 North Cumberland Avenue (Parcel#: 17-22-28-6144-02201). This lot is too small to build a house upon and is located directly adjacent to a City-owned parcel located at 131 North Cumberland Avenue. For this reason, on February 16, 2016, West Orange Habitat for Humanity voted to approve donating the parcel to the City in exchange for the City satisfying outstanding property taxes and City of Ocoee stormwater drainage fees, unpaid from 2008 through 2015,in the total amount of$2,620.67(if paid by May 31,2016). Approved on Consent. Motion carried 5-0 6. Approval of Third Towered Antenna for the Sensus FlexNet Potable and Reclaimed Water Metering System to be Located at the Forest Lake Golf Course. (Utilities Director Smith) The Utilities Department began to utilize the Sensus FlexNet®radio meter reading system in 2010 with the first of two receiving towers, and a second tower was installed in 2012. The FlexNet system currently has 97% coverage efficiency over the City. The remaining 3% is located within the City's Reclaimed Water North Service Area, which lies in a topographically lower area where meters cannot be seen by the two existing towers. To complete the FlexNet® System coverage, a third tower is required. The Utilities Department recommends utilizing a 20' x 20' area near the southwest corner of the Forest Lake Golf Course. The golf course (Ocoee Golf, LLC.) has consented to the tower, but both Ocoee Golf and the City shall proceed with modifying the current golf course lease to accommodate the tower. The agreement will be presented to Commission at a later meeting. Since the original purchase of the FlexNet®Meter Reading System from Sensus Meters, Sensus has established HD Supply Waterworks as their Central Florida agent for marketing. The City is a part of a Strategic Agreement for Utility Materials (N06177/UTILMAT0506) with HD Supply and the City of Punta Gorda; the City also utilized HD Supply for the second antenna system,therefore the Utilities Department plans to obtain the new antenna-based station and configuration from HD Supply. The tower will be powered using a solar energy application. Approved on Consent. Motion carried 5-0 7. Approval of Maine Street Extension Design with Brindley Pieters and Associates, Inc., (BPA). (Public Works Director Krug) The City recognizes the need for a road system parallel to State Road 50 in order to provide motorists alternative routes in this busy corridor. Part of this alternative system is the improvement to Maine Street, which includes the extension from Maguire Road to the current western terminus at Bluford Avenue. The property owners have agreed to provide the right-of-way to the City for this extension and Public Works has taken the first step in establishing the road alignment by securing a topographic, survey, boundary survey and legal description work with Brindley Pieters and Associates, Inc., (BPA). The survey scope of services and legal descriptions will delineate the right-of-way to be dedicated to the City. Public Works approached the Continuing Engineering Services firm, BPA, due to their roadway design experience and their sub-consultant for survey and utilities who is Barnes Ferland and Associates, which has already completed survey work on the connecting roads under a separate City contract. The $68,520.83 to move this design work forward is funded from Utilities annual water main program capital items and streets resurfacing on Marshall Farms Road,which is deferred until the completion of the FDOT SR 50 project. Approved on Consent. Motion carried 5-0 Wage Regular City Commission May 3, 2016 8. Approval of Bluford Avenue Phase II Design with Brindley Pieters and Associates, Inc., (BPA). (Public Works Director Krug) The City is currently completing the first phase of the Bluford Avenue Stormwater and Utility project from Columbus Street to Delaware Street. The next phase in the Capital Improvement Plan continues the stormwater improvements north from Delaware to McKey Street. The Utilities Department is in the process of completing the design of the West Sanitary Transmission Project, which includes extending the sewer force main on Bluford Avenue north from Delaware to Silver Star Road. Public Works recognizes the value of completing the next phase of stormwater improvements in conjunction with the sanitary transmission line to shorten the disruption from construction activities in this vital City corridor. Public Works approached the Continuing Engineering Services firm, Brindley Pieters and Associates, Inc., (BPA), due to their stormwater and roadway design experience, along with their sub-consultant for survey and utilities who is Barnes Ferland and Associates, which is under separate contract as the Engineer of Record for the Ocoee West Sanitary Transmission Project. The BPA surface improvements will also incorporate the design concepts developed in the City's Downtown Redevelopment Project currently underway with GAI Consultants. The $126,121.03 for the design is available in the Stormwater Capital Improvements under the Bluford Avenue Phase II Project. Public Works is also requesting the limits of the Bluford Avenue Phase II project be extended north from McKey Street to Silver Star Road. Approved on Consent. Motion carried 5-0 9. Approval of City Wide Curb and Gutter Improvements with Barricuda Building Corporation. (Public Works Director Krug) The Public Works Stormwater Division identified seven (7) locations in the City where the existing curb and gutter has failed to the point where roadway drainage is impeded. These locations include the vicinities of 300 Phyllis Street, 306 Robyns Glenn Road, 602 Spring Lake Circle, 813 Grovesmere Loop, 1221 Russell Drive, 1408 Vickers Lake Drive and 1829 Rushden Drive. A list of construction activities were developed for the repairs and prices solicited from the City's Continuing Services Contractors. Five (5) contractors provided pricing with Barricuda Building Corp.,being the lowest responsive bidder and within budget at$47,975.50. Approved on Consent. Motion carried 5-0 10. Approval of Illuminated Street Sign Panel Retrofit, Phase 1I, with Control Specialists. (Public Works Director Krug) The current budget for Public Works Street's Division includes the upgrade of illuminated street signs at signalized intersections with the City's new logo and standard blue background. The illuminated street signs in the CRA were previously upgraded along Old Winter Garden Road. This Phase II work will upgrade the signalized intersections as described in the attached proposal throughout the city. The City is also successfully working with the FDOT on the SR 50 Project to incorporate the upgraded signs standard throughout the 50 West corridor. Public Works approached the City's Traffic Signal Maintenance Contractor, Control Specialists Corp, to provide pricing for the sign upgrade as their previous work within the CRA. The work requires verifying existing sign dimensions,coordination with the sign panel fabricator and installation. The majority of the work will be done in conjunction with monthly signal inspections, which provides an overall savings to the City for the project. Approved on Consent. Motion carried 5-0 11. Approval of the Preliminary Rate Resolution for the Fiscal Year 2017 Fire Protection Assessment. (Support Services Director Butler) Section 2.08 of the City's Fire Protection Assessment Ordinance, adopted as Ordinance No. 2013-010 on August 6, 2013, established the process for determining the Fire Protection Assessment in each subsequent fiscal year. The initial action required is for the City Commission to publish its intent to adopt an Annual Fire Protection Assessment by considering a Preliminary Rate Resolution. A proposed Preliminary Rate Resolution has been drafted by staff. It shows the estimated assessment rate to be the Maximum Assessment Rate established in 2013 and continued in all subsequent years, which was $69.50 per Net Fire Protection Unit 5 Page Regular City Commission May 3,2016 (FPU). If this rate is endorsed again in the Preliminary Rate Resolution, the City Commission can subsequently set the Fire Protection Assessment for Fiscal Year 2017 at an amount up to$69.50 per Net FPU. There are 14,093 buildings and/or building ownership units (e.g., condominiums) in the city according to the preliminary property taxation file. Of these, 13,306 are subject to payment of a Fire Protection Assessment;the rest are within one of the exempt classes, such as government-owned property, institutional structures, and facilities owned by HOAs. At the Maximum Assessment Rate of$69.50, the estimated number of factored or net FPUs calculated using the currently available and preliminary data will generate gross revenues of $1,983,244. This forecast will be reduced by allowances for non-payment(1%),early-payment discounts(4%), and institutional property exemptions,plus the cost of collection(2%). These deductions will be partially offset by Interim Assessments levied on new construction during the fiscal year (1%). Taking these factors into consideration,the current forecast Fire Protection Assessed Cost is$1,864,250 for FY 2017. Approved on Consent. Motion carried 5-0 G. PUBLIC HEARING - None H. FIRST READING OF ORDINANCE -8:15 PM 12. Dissolving Arden Park Community Development District. (Second Reading and Public Hearing scheduled for May 17, 2016, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Attorney Cookson) On June 2, 2015 the City of Ocoee City Commission adopted an ordinance establishing the Arden Park Community Development District (District) for the purpose of delivering urban community development services within the established District. This action was undertaken at Petitioner, Standard Pacific of Florida's, request and expense. On March 29, 2016, the City received a letter from the District's attorney, Jere Earlywine, requesting the City Commission dissolve the District. The request to dissolve the District is because the developer now intends to develop the project without a community development district. Petitioner has informed the City that the District has no outstanding obligations and no operating and maintenance responsibilities. Therefore, the District is eligible for dissolution pursuant to Section 190.046(9), Florida Statutes,and may be dissolved upon approval of an ordinance by the City. City Attorney Cookson read the title of the ordinance. Mayor Johnson announced the second reading and public hearing is scheduled for May 17, 2016, Regular Commission Meeting at 7:15 p.m. or soon thereafter. I. SECOND READING OF ORDINANCE-None J. REGULAR AGENDA - 8:17 PM 13. Consideration for Two (2) Appointments to the Planning and Zoning Commission (three-year terms). (Acting City Clerk Sibbitt) On February 9, 1999, Ordinance No. 99-09, was adopted requiring nine (9) members, who are City residents, for the Planning and Zoning Commission. Currently, the board has seven (7) members on the Board. Currently, four (4) applications are on file from Ocoee residents Merissa Jenea Evans, Robert Henderson, Dr. Donel Richemond and Richard Griffin who have all expressed interest in being a member of the Planning and Zoning Commission. Commissioner Keller shared that currently District #4 is down a member since one of the resignations was from his district. The applicant, Merissa Evans, is from his district and was the first person to apply for the open position since her application was received in March. 6 ' Page Regular City Commission May 3,2016 Motion: Moved by Commissioner Keller, seconded by Commissioner Wilsen. Approval of Appointment of Merissa Evans to serve a three-year term as a member to the Planning & Zoning Commission. Motion carried unanimously. Mayor Johnson said he would like to consider Richard Griffin who is in District#2. Commissioner Wilsen shared that in the past the Commission has set the precedent to appoint members to advisory boards in the order that the applications were submitted. The first application was submitted by Merissa Evans on March 18th, followed by Dr. Donel Richemond on April 12th, Robert Henderson on April 18th, Richard Griffin on April 18th, and Fred Bonham on April 28th. Mayor Johnson said they do not always appoint members in that process, but that will be fine if that is how the Commission is choosing to do it. Commissioner Keller briefly provided the districts for each of the current members on the Planning & Zoning Commission. Moved by Commissioner Wilsen, seconded by Commissioner Grogan. Approval of Appointment of Dr. Donel Richemond to serve a three-year term as a member to the Planning & Zoning Commission. Motion carried 4-1 with Mayor Johnson opposing. -- ------- - --------- K. STAFF ACTION ITEMS—None L. COMMENTS FROM COMMISSIONERS - 8:20 PM 1 Commissioner Keller-None Commissioner Firstner —None Commissioner Wilsen—welcomed the two new members that were appointed to the Planning & Zoning Board. Commissioner Grogan—None Mayor Johnson — 1) announced the Ocoee Lions Club Golf Tournament is May 21st beginning at 8:00 a.m. 2) invited Assistant City Manager Shadrix up to the podium to explain when the next Citizen Downtown Work Session will be held. Assistant City Manager Shadrix announced that they will be hosting another session this month. They had workshops last month, which was the first series of drawings sessions. They will be hosting another multi-day session, but have realized that day sessions are not convenient for working residents. Their goal is to keep the momentum with the sessions so that the final product can be put together and brought before the Commission. He further encouraged residents to sign up for updates on the downtownocoee.org website or any of the various social media sites that are promoting Downtown Ocoee. 7 IPage Regular City Commission May 3, 2016 ADJOURNMENT - 8:23 PM APPROVED: Attest: City of Ocoee A/1i , iti Melanie Sibbitt, Acting City Clerk Rusty Joh s i , Mayor 81P age