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HomeMy WebLinkAbout03-03-09 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida March 3, 2009 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum I B. PRESENTATIONS AND PROCLAMATIONS Proclamation - American Red Cross Month - March 2009. (Mayor Vandergrift) Presentation of Essay Winners of the "Home Escape Plan" Essay Contest. (Division Chief Stanley) Presentation by Lynx Bus - J. Marsh McLawhorn I Co COMMENTS FROM CITIZENS/PUBLIC I D. STAFF REPORTS AND AGENDA REVIEW I 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 SEP ARA TEL Y. 1. Approval and Acceptance of the Regular City Commission Minutes of February 17,2009. (City Clerk Eikenberry) 2. Reappointment to the Community Grant Review Board. (City Clerk Eikenberry) On January 15, 2002, Resolution No. 2004-09, was adopted creating the Community Grant Review Board f/kIa Community Merit Awards Review Board, requiring five (5) members all serving two-year terms. The two-year term of Kristine Bauske expires March I, 2009. She has indicated that she is willing to serve another term, if reappointed. There are currently no applications on file for this board. 3. Appointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry) Members of the Parks and Recreation Advisory Board serve two-year terms. Currently the board has ten (10) members. The Resolution provides that the Parks and Recreation Advisory Board membership shall consist of thirteen (13) members. One application was on file for the Parks and Recreation Advisory Board; therefore staff recommends the City Commission consider appointing Sylvester (Ves) Baxter, Jr. to the Parks and Recreation Advisory Board with a term ending October 2011. City Commission Regular March 3, 2009 4. Approval of Boat Ramp and Road Closure'for the Fourth Annual City of Ocoee Spring Fling. (Police Chief Brown) The Fourth Annual City of Ocoee Spring Fling will be held Saturday, March 28, 2009, from I 0:00AM to 3:00PM at Bill Breeze Park at the City Municipal Complex. In order in help ensure a safe event, the organizers are requesting the closure of the City boat ramp between the hours of midnight (Friday night/Saturday morning) and 4:00 PM and the closure of the driveway between the boat ramp and City Hall's west parking lot; Oakland A venue between Bluford A venue and Lakeshore Drive; and Lakeshore Drive between the boat ramp and Oakland A venue between the hours of 9:00AM and 4:00PM. 5. Award of Bid #B09-02 Central Park Boardwalk and Pier. (Purchasing Agent Tolbert) As part of the Central Park Improvements, the City solicited bids from qualified contractors to construct an elevated pressure-treated lumber boardwalk and observation pier along the shoreline of Lake Moxie in Central Park, which is located on Flewelling Avenue in the central part of the city. The Parks and Recreation Department and Finance Department have reviewed all bids and staff recommends awarding the bid to C&L Landscape Inc. as the most responsive and responsible bidder for the amount of $89,291.00. 6. Approval to Award Central Park Design Contract to Dyer, Riddle, Mills, and Precourt, Inc. (DRMP) in the amount of $28,725.00. (City Engineer Wheeler) The City has a continuing contract for engineering design services with the firm of Dyer, Riddle, Myers, and Precourt, Inc. Work under this contract is authorized by purchase order following the specification of a scope of work by the City and negotiation of a price proposal. Funds to expand and improve Central Park, located on the north side of Flewelling A venue, were budgeted by the City Commission over several fiscal years. Most recently, $200,000 were allocated in FY 2009 and $48,957.42 remains unexpended from the FY 2008. From these funds, City staff has proposed a number of improvements. Among the improvements planned for this phase of the work are reconstruction of Armstrong Alley, relocation of the existing volleyball court and basketball court and construction of stormwater improvements, additional parking, enhanced access to facilities, an improved trail to the non-motorized boat ramp, and the new boardwalk being constructed along the Lake Moxie shoreline. Due to the nature of these improvements, design by a licensed engineering firm is required. 7. Approval for Declaration of Surplus Property. (Purchasing Agent Tolbert) Staff requests that the City Commission: 1) Declare the items listed as surplus; 2) Approve George Gideon Auctioneers for the public sale of the City's surplus property, authorize staff to piggyback on the Osceola County School Board's contract with George Gideon Auctioneers, and authorize execution of the agreement between the City and George Gideon Auctioneers by the Mayor and City Clerk for a term of one year. 3) Approve the date of the City's auction with George Gideon Auctioneers as March 21, 2009, at 9:00 a.m. 8. Approval of FDEP Consent Order for September 3, 2008, Wastewater Treatment Facility Spill. (Utilities Director Smith) On September 3, 2008, a sewer forcemain break on the north side of S.R. 50, 1,900 feet east of its intersection with Clarke Road. The ruptured main is located in the center of the roadside swale that conveys water eastward to wetlands on the north side S.R. 50 which is hydraulically connected to Lake Lotta. Due to the nature and location of the main break, the rupture and spillage was not discovered until a flow anomaly was observed at the wastewater plant. The spillage was a violation of Florida Department of Environmental Protection (FDEP) rules and the City has been fined $10,000 less an adjustment due to corrective action the City has undertaken; the long-term correction being the replacement of the forcemain under construction and the western sewer transmission main planned for the future. A short-term fix has been the modification of the operation parameter to Lift Station #7 and installation by staff of an air release valve on the existing forcemain. Thus, to conclude FDEP's action, the City should execute the consent order and pay the administrative penalty of $6,250 and reimburse the Department cost in the amount of $1 ,000. Page 2 of6 City Commission Regular March 3, 2009 I G. PUBLIC HEARINGS 9. Marshall Farms Business Center - Preliminary Site Plan. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, February 19,2009) (principal Planner Fabre) The Marshall Farms Business Center Site Plan consists of an office/warehouse and retail facility. The total project is proposed to be developed in two phases. Phase I will consist of the office/warehouse building and Phase II will consist of a strip retail commercial building. The total combined building floor area will be (26,000 sq. ft. office/warehouse + 10,000 sq. ft. retail building) 36,000 square feet which are within the allowed intensity. I H. FIRST READING OF ORDINANCES 10. Approval of Ordinance Controlling Loud, Unnecessary or Disturbing Noise. (Second Reading and Public Hearing scheduledfor March 17, 2009) (police Chief Brown) The City Commission of the City of Ocoee desires to control loud, unnecessary or disturbing noise within the city limits. Implementation of an enforcement program will promote, protect, and improve the safety of the citizens, consistent with the authority of and limitations on the City pursuant to the Florida Constitution and Florida Statutes. 11. Approval of Ordinance Adopting a New Article II of Chapter 124 of the Code of Ordinances of the City of Ocoee entitled, Smoking Prohibited in Portions of Recreational Property. (Second Reading and Public Hearing scheduled for March 17, 2009) (Parks and Recreation Director Hayes) In December of 2008 the City Commission discussed the need to regulate smoking on and around recreational facilities in city parks. The Parks and Recreation Department was tasked to develop an ordinance to address the problem of individuals smoking around athletic fields during youth activities. Park and Recreation staff researched what other communities in the State of Florida have done in terms of developing ordinances that regulate smoking in parks and recreation areas, and found that several cities and counties in Florida have taken measures to protect their residents from secondhand smoke exposure by adopting ordinances that restrict smoking in outdoor areas, including recreation areas used by youth organizations, and other places where people congregate. Cities, villages and towns in the State of Florida that have adopted ordinances that prohibit smoking in parks to varying degrees include: Apopka, Chipley, Coral Gables, Dania Beach, Deland, Holly Hill, Marco Island, Miami Lakes, Newberry, North Port, Ormond Beach, Oviedo, Palm Coast, Palm Springs, Parkland, Port Orange, Port St. Joe, Sanibel, Seawall Point, St. Cloud, Sunrise, Tavares, and Venice. In addition to these cities there are several counties that have developed ordinances to prohibit smoking around recreational facilities, these include; Brevard, Hendry, Hillsborough, Nassau and Sarasota. 12. Approval of Annexation and Rezoning of West Colonial Parcel (aka Walia Property). (Second Reading and Public Hearing scheduled for March 17, 2009) (Senior Planner Howell) The subject property is located south of SR 50 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a three lot commercial subdivision on the subject property. a. Annexation Ordinance b. Rezoning Ordinance 13. Approval of Annexation and Rezoning of 529 Ocoee-Apopka Road. (Second Reading and Public Hearing scheduledfor March 17, 2009) (Principal Planner Fabre) The property is located on the east side of Ocoee-Apopka Road approximately 1,800 feet north of Palm Drive intersection. The subject property consists of two (2) parcels fronting on Ocoee-Apopka Road. The northern parcel is improved with a non operational (Collison Carey Hand) Funeral Home facility. The southern parcel is vacant and undeveloped. Both parcels are consistent with the adopted City ofOcoee Comprehensive Plan. a. Annexation Ordinance b. Rezoning Ordinance Page 3 of6 City Commission Regular March 3, 2009 I I. REGULAR AGENDA 14. Approval of Quarterly Community Grant Program - January 2009 Cycle. (Community Relation Manager Wright) The Community Grant Review Board voted to award grants to 7 organizations and voted to deny awarding grants to four organizations. Three organizations were denied because they did not have a representative present at the meeting. The Board did not approve one organization's grant request because the group did not meet the grant criteria. The following are the organizations that were denied grant funding: American Legion Post 109; Ocoee Sharks Baseball; West Orange High School and Winter Garden Elks. There is $5,000 allotted for this cycle of the Community Grant Program. The total amount requested from the II organizations this grant cycle is $5,500. The Community Grant Review Board voted to fund 7 organizations in the amount of $3,500. The next grant cycle begins in July. 15. Approval of Prairie Lake Park Conceptual Plan Modifications. (Parks and Recreation Director Hayes) A conceptual plan for Prairie Lake Park, which is located south along Hackney Prairie Road and east of Clarke Road and lying between the Remington Oaks and Westchester developments, was presented to the City Commission in 2005 identifying various facilities that could be included in this park. Since the original concept for the park was presented, the City has obtained a Florida Recreation Development Assistance Program (FRDAP) grant to assist with the development of the site. The Parks and Recreation Department has been working to refine the conceptual plan and develop construction plans to proceed the development the park. 16. Discussion Regarding Piggybacking on the City of Orlando Contract #BI06- 2248-03 for Demolition Services for the Colony Plaza. (Purchasing Agent Tolbert) The City Building Official issued an emergency demolition order to demolish the Colony Plaza. Staff was directed to procure demolition services for same. The City of Orlando has a current term contract in place with Central Environmental Services, Inc. for demolition services, and Staff recommends piggybacking on this contract to expedite the bid process. The City received three (3) proposals: Central Environmental Services, Inc. in the amount of $684,100.00 plus bonds of $10,305.00, HB Walker, Inc. in the amount of $687,850.00 excluding bonds, and D.H. Griffin Companies in the amount of $951,341.00 excluding bonds. The City will be providing the clean fill dirt for backfilling the pool cavity. 17. Request for Reduction of Fine and Release of Lien - Code Enforcement Board Case No. 07-040, Ranna Zaflow - Requestor - US Real Estate Services Inc. (Building Official Washington) On March 20,2007, Code Enforcement Officer Theresa Rodriguez observed violations of city code on the property located at 122 Bismark Court, Ocoee, Florida. The violations observed were overgrown grass/weeds. A notice of code violation was sent to the property owner Ranna Zaflow on March 21, 2007. A re-inspection of the property on April 9, 2007, revealed the property remained in non- compliance. A Notice of Hearing was sent to the property owner Ranna Zaflow to appear at the Code Enforcement Board Meeting on April 24, 2007, and was continued until the June 26, 2007, Code Enforcement Board Meeting. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until July 2, 2007, to comply or pay a fine of $250.00 per day until the property was brought into compliance. The property was re-inspected on July 3, 2007, and found in non-compliance. An affidavit of non-compliance was issued on July 3, 2007. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on July 24, 2007. The fine accrued daily until the property was deemed in compliance on July 23, 2007, upon receipt of dated invoice for abatement. The total amount of the fme is $4,796.85. The Code Enforcement Board recommended the property owner's request for a reduction of fines to $2300.00. It is staffs recommendation to support the decision made by the Code Enforcement Board. Page 4 of6 City Commission Regular March 3, 2009 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 VERBA TIM 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 P ARTICIP A TE 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 5 of6