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.
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