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HomeMy WebLinkAbout04-17-07 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida April 17, 2007 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum lB. PRESENTATIONSANDPROCLAMATIONS I Presentation to Battalion Chief Frank Carlsson for his 22 Years of Service with the City of Ocoee - Deputy Chief Pete McNeil. (Mayor Vandergrift) Proclamations. (Mayor Vandergrift) a. Municipal Clerks Week - April 29 - May 5, 2007 b. Arbor Day - April 27, 2007 I C. COMMENTS FROM CITIZENS/PUBLIC I D. COMMISSIONERS ANNOUNCEMENTS E. 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 SEP ARATEL Y. 1. Approval and Acceptance of the Regular City Commission and Economic Development Workshop Minutes of April 3, 2007. (City Clerk Eikenberry) 2. Reappointment to the Human Relations/Diversity Board. (City Clerk Eikenberry) Members of the Human Relations Diversity Board serve two-year terms. The board has recently received resignations from Members Phillip Lee Fatt and Karen Lee Fatt. Members Murray and Vereen have declined reappointment. Due to resignations and declinations, the Human Relations Diversity Board currently has eleven (11) members and their resolution allows for no less than seven (7) members and no more than fifteen (15) members. The two-year terms for Members Sandra Davidson and Matt Garland are due to expire in May. Both Members have indicated an interest in reappointment for another two-year term ending in May of2007. There are no applications on file. 3. Approval of Amendment to Wal-Mart Plat Pertaining to Steak 'n Shake. (City Engineer Wheeler) This plat for Steak 'n Shake at Ocoee (the "Steak 'n Shake Plat") is a one-lot plat for a 1.076 acre commercial site located on the south side of State Road 50, immediately west of the western entrance to the Wal-Mart at Ocoee Plaza. City Commission Regular April!7,2007 4. Approval of Plat for Citrus Medical and Executive Park. (City Engineer Wheeler) This plat is for Citrus Medical and Executive Park which is a 5.81 acre commercial development. Citrus Medical and Executive Park is located on the south side of Old Winter Garden Road across from the entrance to the hospital. Blackwood A venue is the closest street to the west and Matador Drive is the closest to the east. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. 5. Approval for Intent to Annex for Water Service for Elizabeth L. Whittemore Properties at 1137, 1143, 1149, 1155, 1161, and 1167 Clarcona-Ocoee Road. (City Engineer Wheeler) Mrs. Whittemore, who resides at 2026 Clarcona-Ocoee Road and who owns the aforementioned properties, approached the City for utility service. The properties were platted as part of the North Ocoee Addition No. I and undeveloped until recently. Currently Mrs. Whittemore is building single family residences on the six lots and wants to connect to Ocoee's water system. The properties are currently within unincorporated Orange County and are not contiguous to the City Limits. However the properties are inside the City's JPA boundary, Water & Sewer Territorial Boundary, and City Limits. 6. Approval for Silver Glen Reclaim Water Distribution System Change Order No. 2. (City Engineer Wheeler) The Silver Glen Reclaimed Water Distribution System project is providing reuse service to the 245 residences in the Silver Glen subdivision. The project is a retrofit of the reuse piping into an existing development that was completed before the City moved into the reuse distribution business and required developments to install reuse pipelines within the subdivision. The project includes the installation of four, six, and eight inch pipelines, appropriate fittings and valves, and service lines to the customers. Young's Communications Co., Inc., the contractor of record for the project, is nearing completion of the reclaim water distribution system in the Silver Glen subdivision. During the course of the project, several small sections of sidewalk needed to be removed to facilitate installation of pipe fittings, valves, connections, and services. Upon completion of the distribution pipe installation, the sidewalks were replaced. This item of work was not included in the original bid itemization for the project. The sidewalk removal and replacement was approved at each location on an as needed basis; there were other locations that the contractor chose to remove and replace sidewalks for his convenience that are not being reimbursed by the City. The negotiated cost for this work is $11,456.20 with no adjustment in contract time. The new contract value including Change Order No. 2 is $819,863.10 with no adjustment in contract time. The change order is attached for review. 7. Approval to Replace Grit Classifier at Wastewater Treatment. (Utilities Director Smith) The City of Ocoee Wastewater Plant's grit classifier, located before the oxidation ditches, efficiency has significantly decreased due to constant malfunctions. The classifier device cannot be rebuilt and is in need of replacement. Staff is recommending the purchase, through Sanders Company (distributor), a Smith and Loveless Grit Classifier Model 15 Screw conveyor 304L in Stainless Steel with Ni-Hard Concentrator. The Smith and Loveless classifier is similar in configuration to the existing unit making it possible for staff to install the unit. The cost for the unit will be $45,643.00. 8. Approval to Piggy-back off State Contract 730-650-99-1 for Upgrading Nortel Phone System. (Information Systems Director Ross) The City's current phone system contains components that are no longer supported by the manufacturer. The City can upgrade the current system, completely replace the entire phone system, or do nothing. Embarq, who maintains our current system, can upgrade the phone equipment for $90,000. The remaining budget will be used to upgrade the network infrastructure to support the upgraded phone system and technology. 9. Approval for 2005-06 Resurfacing Program Close Out Change Order. (Public Works Director Krug) Request close out of the 2005-06 resurfacing program by issuing a change order to Orlando Paving Company in the amount of $8,362.48. Page 2 of 5 City Commission Regular April 17, 2007 10. Approval for Addition to Contract B05- 06 with GroundTek in the Amount of $7374.45 for City Wide Rights-Of-Way Mowing. (public Works Director Krug) At present the City's Rights-of-Way mowing contractor, GroundTek performs one mowing per month from October to April (non-growing season) and two mows per month from May to September (growing season). In order to ensure that the City's Rights-of-Way are properly maintained, staff approached GroundTek about increasing to twice a month in April to ensure the City's Rights of Way continue to be well manicured prior to moving into growing season. An additional cut in the month of April to all city contracted Rights of Way will be a funding increase of $7,374.45. 11. Approval of Joinder and Consent to First Amendment to Declaration of Easements, Covenants, Conditions, and Restrictions for Ocoee Commons PUD. (City Attorney Rosenthal) Ocoee Commons, LLC and Blackwood/50, LLC (collectively, the "Applicant") have requested that the City consent to the first Amendment, which upon recording in the Public Records, will serve to amend the Declaration of Easements, Covenants, Conditions and Restrictions for Ocoee Commons POD. The First Amendment amends the Ocoee Commons Declaration to provide for reciprocal cross parking easements over and across the individual parking areas located within Lots D2 and Lot Q of Ocoee Commons POD and Lots 1 and 2 of Blackwood at Ocoee Commons (being a replat of Lot D 1 of Ocoee Commons POD). The cross parking easements granted pursuant to the fIrst Amendment are for the benefIt of the owners of all such lots. I F. PUBLIC HEARINGS - ORDINANCE SECOND READING I 12. McCully Property. (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday, April 5, 2007). (Principal Planner Rumer) Charles McCully is requesting the annexation of a 0.8 :!: acre parcel and a change of zoning from Orange County "A-I" (Citrus Rural) to the City of Ocoee "R-l" (Single-Family Dwelling) on a property located on the west side of Adair Street, 155' North of Vignetti Park. The applicant is proposing two single family homes after a short form subdivision plat is processed under a separate review. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 0.8 +/_ acres of land known as the McCully Property, and also adopt the ordinance to rezone the property to "R-l" Single-Family Dwelling District". a. Annexation Ordinance b. Rezoning Ordinance 13. West 50 Commercial Subdivision. This Public Hearinl! will be continued until the Mav 1, 2007, Citv Commission Meetinl!. (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday, April 5, 2007). (Senior Planner Howell) The subject property is located east of SR 429 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a four lot commercial subdivision on the subject property and the property to the north, which is currently in the City and is zoned C-3 (General Commercial). Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex 2.25 acres of land known as the West 50 Commercial Subdivision and also adopt the ordinance to rezone the property to C-3 (General Commercial). a. Annexation Ordinance b. Rezoning Ordinance c. Preliminary/Final Subdivision Plan d. Annexation and Development Agreement Page 3 of5 City Commission Regular April 17 , 2007 I G. PUBLIC HEARING - ORDINANCE FIRST READING 14. Proportionate Fair-Share Mitigation Ordinance. (Advertised as Public Hearing in the Orlando Sentinel Orange Extra on Thursday, April 5, 2007). (Planning Manager Armstrong) The Growth Management Legislation of 2005 created the "Pay as You Grow" concept and expanded key principles of the current growth management act, which has remained largely unchanged since it was passed in 1985. During those twenty (20) years, Florida has maintained a growth management policy called "concurrency." Under the new act, the concept of concurrency has been modified to include "proportionate fair share." Local governments were directed to adopt a methodology for assessing proportionate fair share by December 1, 2006. This new concept allows concurrency to be satisfied for roads if a developer furnishes a proportionate fair share of money, land or other developer-provided value to mitigate the impact caused by its new project. However, this can only be applied if the roads to be improved and/or funded by proportionate fair share are included in the local government's capital improvement plan (CIP). This concept is not an absolute right granted to a developer. It is still ultimately subject to local government discretion either by action amending a local CIP, to include improvements to be funded by proportionate fair share, or by determining adequate revenue required to fund the proportionate fair share improvements is 'reasonably anticipated.' Although local governments were directed to adopt a methodology by December 1, 2006, staff has been in contact with the Department of Community Affairs (DCA) and we were assured the DCA is not enforcing the directed deadline. As most local governments replicated the model ordinance crafted by the Florida Department of Transportation (FDOT), which relies on improvements included in the cm, staff and the consultant needed more time to formulate a methodology that would not adversely affect development. I H. REGULAR AGENDA 15. Consideration for 2006-07 Resurfacing Program. (Public Works Director Krug) The Commission approved $735,000.00 for the City road resurfacing program in the 2006-07 budget. At the February 20,2007, Commission meeting, $213,320.00 was transferred to the resurfacing project carried forward from the 05-06 program for Clarke Road from SR 50 to Orlando Ave. The transfer was required to complete this project due to the increases in asphalt production costs experienced industry wide. This transfer left a remainder of $218,680.00 for resurfacing Clarke Road from Silver Star to A.D. Mims Rd. It is estimated that $240,416.38 will cover the resurfacing for following programmed streets: Russell Dr., Paula Michele Ct., Spring Ave., Lakeview Dr., Orange Ave., Franklin St., Highland Springs Dr., Sandy Beach Rd., Spring Creek Dr. and Willow Creek Rd. The remaining budget of $65,583.62 for the West Orange Industrial Park is insufficient to cover the estimated $172,613.61 necessary to resurface Enterprise St., Roper Pkwy and Capitol Ct. These roads are generally structurally sound and only have a few isolated locations where pot holes have developed in the asphalt. The repairs have been in place for many months without additional holes developing. Based on the current cost of asphalt and the apparent structural integrity of the programmed roads, Public Works recommends the following: . Proceed with the resurfacing of the residential streets for a not to exceed amount of $245,000.00. . Defer the resurfacing of the West Orange Industrial Park until such time as the asphalt surface begins to show deterioration, jeopardizing the structural integrity of the roads (Approximately 2 years). Page 4 of6 City Commission Regular April 17 , 2007 16. Consideration of Ex-Officio and Other Board Appointments for Commissioners and Discussion Regarding Commission Appointments to City Advisory Boards. (City Clerk Eikenberry) After each Municipal Election, the Mayor and City Commission evaluate and/or reassign commissioner's memberships to various City and outside Boards. The current list of Board includes: Citizen Advisory Council for Fire Department, Citizen Advisory Council for Police Department, Ocoee School Advisory Board, Parks & Recreation Advisory Board, Personnel Board, Human Relations Diversity Board, Landscape Committee, Educational Incentive Committee, Tri-County League of Cities, West Orange Chamber of Commerce, West Orange Health Alliance, and West Orange Airport Authority. Additionally, the Mayor requested a discussion regarding the appointment of Ex-Officio Commission Members Serving on Various City Advisory Boards. I I. STAFF REPORTS I J. COMMENTS FROM COMMISSIONERS I 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. LAKE SHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE MEETING. Page 5 of5