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HomeMy WebLinkAbout03-17-09 Agenda r' OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida March 17, 2009 AGENDA 7:15 P.M. SWEARING IN OF COMMISSIONERS REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum I B. PRESENTATIONS AND PROCLAMATIONS Presentation by Police Chief Brown - a. Ella Wisecup - Civilian Employee of the Year b. Rose Randall- Volunteer of the Year c. Jamie Byrd - Officer of the Year d. Dominic Chiuchiarelli - Officer of the Quarter (4th Quarter for 2008) I C. 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 WIllCR CASE THE MAYOR WiLL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCR ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval and Acceptance of the Regular City Commission Minutes of March 3, 2009. (City Clerk Eikenberry) 2. Appointment to the Citizens Advisory Council to the Ocoee Police Department (CACOPD). (City Clerk Eikenberry) Members of the Citizens Advisory Council for the Police Department (CACOPD) serve three-year terms. Currently the CACOPD has ten (10) members and their resolution allows no more than fifteen (15) members. We have received an application and resume from Ms. Wilda Schoeppler Pickett expressing her interest in serving on the CACOPD. 3. Approval of the Chateau Reserve Extension. (principal Planner Fabre) On March 18, 2008, the Honorable Mayor and City Commissioners approved a Preliminary Subdivision Plan for Chateau Reserve. The subject property is approximately 8.76 acres in size and is located on the east side of Tomyn Boulevard approximately 255 feet south of Patriots Point Drive. The Preliminary Subdivision Plan allows for a 20 single-family residential lot subdivision. On February 13, 2009, the Development Services Department received a letter from the developer/owner of the property requesting a one (1) year time extension of the Preliminary Subdivision Plan approval due to current economic situations and lack of construction fmancing. f City Commission Regular March 17, 2009 4. Approval of Plat for Eagles Landing Phases II & III. (City Engineer Wheeler) Eagles Landing Phase II & III are the last two of three phases of the Eagles Landing Subdivision, which is 46.35 acres and is located on the west side of Ocoee-Apopka Road approximately 2000 feet north of Ocoee Crown Point Parkway on the west side of the road. Eagles Landing Subdivision consists of 105 single-family homes with associated amenities. Eagles Landing Phase II & III consists of91 single-family homes. 5. Approval of Ocoee Fire Department's Fully Involved Program. (Fire Chief Firstner) The Fully Involved Program was created in January 2004, providing home repair, handicapped access, smoke detectors and fire extinguishers to the residents of our community. The program has been restricted to the named projects by virtue of the establishing language of the original staff report (Item VII F, Agenda 01/20/2004). The program has expanded in its scope since 2004, creating an opportunity to return the donated funds of the program back to the community in different ways. The program could be funding fire prevention programs, such as supporting poster contests, etc. by purchasing materials and awards. Operation Santa, a popular community program could also be funded by the program. 6. Approval of Change Order No.3 to Addendum No. 055 to the Agreement for Consulting Engineering Services with PEC for Maguire Road Phase V Design and Right-of-Way Acquisition Services. (City Engineer Wheeler) The widening of Maguire Road from Mercantile Court to Geneva/Story Road has been a project that the City has planned for some time. The project scope was to include a five-lane section from Mercantile Court to Marshall Farms Road and a four lane divided section, with turn lanes, on to Geneva/Story Road. The project started in early 2001 with an alignment study and conceptual design. Detailed design has been on-going on and off over the past eight years. Additional services for this change order include redesign of a portion of the project to utilize the site on Marshall Farms Road for the stormwater pond, resubmittal to the St. Johns River Water Management District for permitting associated with the new pond site, and design and permitting of utility relocations on Marshall Farms Road. The changes in design due to the new pond site were not included in the previous change order because staff and PEC wanted to see if the new pond site would be usable. The project was originally designed to utilize a portion of the Roper property for the stormwater pond. When land and construction costs increased it was determined that if the Marshall Farms Road site was usable approximately $500,000 could be eliminated from the project cost. The cost for these additional services is $66,252.49. 7. Approval of Interlocal Agreement between the City of Ocoee and Orange County Regarding Radio Tower Antenna. (Utilities Director Smith) Orange County has constructed a new tower site at 475 Story Road, Orange County Services Building, and has agreed to allow the Fire Department and the Utilities Department to locate antennas on the tower. The Fire Department antenna will provide radio communications and the Utilities antenna is needed for the FlexNet meter reading system. The Interlocal Agreement will formalize the conditions to allow the two antennas. The County will own and maintain the grounds, while providing access to the City. I G. PUBLIC HEARINGS 8. Marshall Farms Business Center - Preliminary Site Plan. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, February 19, 2009) (principal Planner Fabre) (Continued from the March 3, 2009, City Commission Meeting) 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 1 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. Page 2 of5 City Commission Regular March 17, 2009 I H. SECOND READING OF ORDINANCES I 9. Approval of Ordinance Controlling Loud, Unnecessary or Disturbing Noise. (postponed to the April 7, 2009, City Commission Meeting) (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. 10. 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. (Postponed to the April 7, 2009, City Commission Meeting) (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. 11. Approval of Annexation and Rezoning of West Colonial Parcel (aka Walia Property). (Advertised in the Orlando Sentinel, Legal Classified on Thursday, March 5, 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 c. Preliminary Subdivision Plan d. Development Agreement 12. Approval of Annexation and Rezoning of 529 Ocoee-Apopka Road. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, March 5,2009) (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 nonoperational (Collison Carey Hand) Funeral Home facility. The southern parcel is vacant and undeveloped. Both parcels are consistent with the adopted City of Ocoee Comprehensive Plan. a. Annexation Ordinance b. Rezoning Ordinance Page 3 of5 I City Commission Regular March 17, 2009 I I. REGULAR AGENDA I 13. New Fire Station and the Fire Assessment Fee. (Assistant City Manager Croteau) Last fiscal year the City of Ocoee took the steps necessary to develop and implement a non-ad valorem assessment program to fund fire services. These steps included adopting a Resolution of Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments, adopting an Ordinance authorizing the imposition of the assessment, and adopting both a preliminary and fmal fee resolution. The City set the fee at zero. As the City starts to prepare its budget for Fiscal Year 09/10, it needs to determine if the ftre fee will remain at zero for the coming year. Staff is seeking direction on implementing a ftre assessment fee and the Commission's direction on moving forward with implementation of the fourth fIre station. 14. Discussion Regarding Widening of Highway 50. (Mayor Vandergrift) 15. Appointment of Commission Liaison to Various Boards. (City Clerk Eikenberry) 16. Election of Mayor Pro Tem. (City Clerk Eikenberry) 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 TinS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR TinS 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 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 5