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Home My WebLink About05-01-07 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida May 1, 2007 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 C. COMMENTS FROM CITIZENS/PUBLIC 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 SEPARATELY. 1. Approval and Acceptance of the City Commission tieaitn insurance worxsnop of Apri118, 2007. (City Clerk Eikenberry) 2. Appointment to the Ocoee School Advisory Board. (City Clerk Eikenberry) Members of the Ocoee School Advisory Board serve two-year terms. Currently the Ocoee School Advisory Board has eight (8) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Ms. Fay Alston with interest in serving on the board. 3. Approval of Progress Energy Easement Relating to Underground Relocation at Wesmere Townhomes (City Engineer Wheeler) Progress Energy is requiring the City of Ocoee to grant an easement over a portion of a stormwater pond tract on the north side of the Maguire Road Townhome entrance located across from Wesmere Parkway in order to relocate underground the existing overhead power. This is part of a Condition of Approval with Wesmere Properties to underground existing overhead utilities on the east side of Maguire Road from the Turnpike to their southern property line. Progress Energy will not locate underground utilities within public right-of--way and requires a separate easement. Wesmere Townhomes are also granting an easement within the property along Maguire Road to facilitate this relocation. City Commission Regular May 1, 2007 4. Approval of Piggybacking Off of the City of Orlando's Contract for Demolition Services (BI06-2248) With Central Environmental Services, Inc. (Public Works Director Krug) As part of the City Hall Regional Stormwater Pond project it is necessary to demolish two houses on property purchased for the pond site at the drainage ditch next to City Hall. Staff is requesting permission to piggyback off of the City of Orlando's contract (BI06-2248) for these types of services. Central Environmental Services, Inc. submitted the following costs proposals for these city facilities: (1) 33 Lakeview Street $3,600, and (2) 201 N. Bluford St. $4,000. 5. Approval for Purchase of Grundomat Directional Driller and Sullair 185 CFM Portable Air Compressor (Utilities Director Smith) The Grundomat directional driller and the Sullair 185 CFM air compressor which were not provided for in this fiscal years budget, are items that will be used together for directional drilling work by the Utility Department. This type of work is currently being contracted out to other vendors at a cost to the City of Ocoee for the use of the equipment, labor, and parts. Wherein, the City of Ocoee's Utility Department will be performing more of this kind of work as we retrofit and rehabilitate outdated or malfunctioning infrastructure, the purchase of this equipment will be a cost that will be recaptured within a few months of active usage and split between the water and wastewater CIP accounts. 6. Approval of Change Order #3 with Young's Communications Co., Inc., for the Silver Glen Reclaimed Water Distribution System Project. (City Engineer Wheeler) Young's Communications Co., Inc., has completed installation of the water mains and service taps for reclaimed water service in the Silver Glen Subdivision using directional boring techniques. With the completion of construction, it is possible to state the final unit quantities for the project and to make changes to the contract that reflect the actual unit quantities installed. The amount of the change order is a decrease of $127,132.57, a cost based on the contract unit prices and City-measured quantities, with no adjustment in contract time. The total contract price will decrease to $714,002.67 F. REGULAR AGENDA 7. West 50 Wastewater Plan. (City Engineer Wheeler) The lack of a central sanitary collection system has been the limiting factor in any large scale development in this area. Typically, the City requires the first developer to design, construct, and pay for extensions and/or connections to the City's water, sewer, and (now) reuse systems. None of these parcels and/or projects in this area have been big enough to make this City policy work. Staff was asked by most of the developers and the City Manager to propose another option that may be acceptable to the development community and the City. Staff recommends the acceptance of the West SR 50 Development Wastewater Plan as presented by Reiss Environmental, Inc. and to authorize staff to negotiate a refunding agreement with a developer for the central sanitary system for the west SR 50 area. G. PUBLIC HEARINGS -ORDINANCE SECOND READING 8. Land Development Code Amendment. (Advertised as Public Hearing in the Orlando Sentinel on Thursday, Apri119, 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 Page 2 of 4 City Commission Regular May 1, 2007 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 CIE, staff and the consultant needed more time to formulate a methodology that would not adversely affect development. a. Proportionate Fair-Share Mitigation Ordinance H. ORDINANCE FIRST READING 9. Sonntag Property. (Second Reading and Public Hearing Scheduled for May 1 S, 2007). (Principal Planner Rumer) The subject property is located on the south side of White Road, 1300' west of the intersection of S. Clarke Road and White Road. Albert Sonntag is requesting the annexation of a 0.85 f acre parcel and a change of zoning from Orange County "A-1" (Citrus Rural) to the City of Ocoee "R-lAA" (Single- Family Dwelling) on a property located on the south side of White Road, 1300' west of the intersection of S. Clarke Road and White Road. 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 0.85 +/- acres of land known as the Sonntag Property, and also adopt the ordinance to rezone the property to "R-lAA" Single-Family Dwelling District". a. Annexation b. Rezoning 10. Rogers Property. (Second Reading and Public Hearing Scheduled for May 15, 2007). (Principal Planner Rumer) East side of Ocoee Apopka Road, 2,500 feet southeast of the intersection of Ocoee Apopka Road and Fullers Cross Road. The City of Ocoee is requesting the annexation of a 37.12 f acre parcel and a change of zoning from Orange County "A-1" (Citrus Rural) to the City of Ocoee "R-lAA" (Single- Family Dwelling). The City of Ocoee is proposing to develop a recreational park on the subject property. 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 37.12 +/- acres of land known as the Rogers Property, and also adopt the ordinance to rezone the property to "R-lAA" Single-Family Dwelling District". a. Annexation b. Rezoning 11. FDOT Surplus Property. (Second Reading and Public Hearing Scheduled for May 15, 2007). (Principal Planner Rumer) The subject property is located on the north side of SR 50 (W. Colonial Drive) and between Blackwood Avenue and Clark Road. The City of Ocoee is requesting the annexation of a 1.95 f acre parcel and a change of zoning from Orange County "A-1" (Citrus Rural) to the City of Ocoee "C-2" (Community Commercial). The city is proposing to construct a future right-of--way and stormwater abatement area. 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 1.95 +/- acres of land known as the FDOT Surplus Property, and also adopt the ordinance to rezone the property to "C-2" Community Commercial District. a. Annexation b. Rezoning Page 3 of 4 City Commission Regular May 1, 2007 12. Revisions to Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic) (Second Reading and Public Hearing Scheduled for May 1 S, 2007). (Police Chief Reffett) Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic) is being revised to provide more effective parking enforcement measures within the city limits of Ocoee. The revisions include, but are not limited to: increasing parking citation fines from $10 to $40 per violation, providing for procedures and requirements for contesting parking citations, providing enforcement for non-compliance, creating a parking infraction hearing board, imposing a $5 surcharge to help offset the City's costs of the School Crossing Guard program, and prohibiting parking of vehicles offered for sale in road rights of way. I. STAFF REPORTS 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. Page 4 of 4