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HomeMy WebLinkAbout04-21-09 Agenda OCOEE CITY COMMISSION Oeoee Commission Chambers 150 North Lakeshore Drive Oeoee, Florida April 21, 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 - Arbor Day - April 24, 2009. (Mayor Vandergrift) Presentation- Tree City USA - Dana Sussman, Orange County Forester (Florida Department of Agriculture Division of Forestry) Presentation - Promotion of Yancy Cleveland from Lieutenant to Battalion Chief. (Fire Chief Firstner) Presentation to Jim and Rose Morton Special Ambassador to Mayor. (Mayor Vandergrift) I Co COMMENTS FROM CITIZENS/PUBLIC I D. STAFF REPORTS AND AGENDA REVIEW I E. COMMISSIONERS ANNOUNCEMENTS I 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 SEPARATELY. 1. Approval and Acceptance of the Regular City Commission Minutes of April 7, 2009. (City Clerk Eikenberry) 2. Reappointment to the Human Relations Diversity Board (HRDB). (City Clerk Eikenberry) On September 16, 2003, Resolution No. 2003-21, was adopted creating the Human Relations and Diversity Board, requiring no less than seven (7) members and no more than fifteen (15). The Resolution was then amended by Resolution 2004-11, which changed the quorum requirement to 50% plus 1. The two-year terms of Berwyn Oltman and William Maxwell will expire in May. Both of these members have indicated they are willing to serve another term, if reappointed. City Commission Regular April 21, 2009 3. Reappointment to the Board of Adjustment Board. (City Clerk Eikenberry) Ordinance No. 516 on September 15, 1970, created the Board of Adjustment to hear and decide appeals for administrative review, to hear and recommend to the City Commission variances to zoning ordinances. This Board consists of five (5) regular members and two (2) alternate members. At this time there are five (5) regular members and one (1) alternate member. The three-year term of Bob Colburn ends May 2009. Mr. Colburn has indicated he is willing to serve another term, if reappointed. 4. Approval of Edward Byrne Memorial Competitive Grant Program Category IV: Hiring Civilian Staff in Law Enforcement. (Police Chief Brown) The police department is requesting permission to apply for two civilian positions through the Edward Byrne Memorial Competitive Grant Program Category IV: Hiring Civilian Staff in Law Enforcement. The grant award is for a period not to exceed 24 months. The department will utilize the grant's Category IV to create two new civilian positions that would allow sworn police officers to be more available on the streets to prevent crime. 5. Approval of Fifth Amendment to Ground Lease Agreement with Forest Lake Golf Course. (Utilities Director Smith) The City entered into a Ground Lease Agreement December 3, 1991, with Forest Lake Golf Club, LLP which provided terms for Forest Lake to operate the golf facility over the City of Ocoee's wastewater facility's effluent water disposal. The agreement has previously been revised four times. This amendment to the ground lease agreement establishes a minimum daily flow of 450,000 gallons per day. Original terms of the agreement had provided for and committed the City to convey to the golf course the maximum FDEP permitted flows. The agreement also increases the allotments of rounds of golf from 50 to 60. 6. Approval of City of Ocoee v. Lakendon, et al.: Parcel 106 - Groundtek Mediated Settlement Agreement. (Assistant City Attorney Solik) Request for approval of mediated settlement agreement in case of City of Ocoee v. Lakendon. et aI., Parcel 106, Groundtek. This case is an eminent domain action to acquire the ROW necessary to construct the Maguire Road Phase V project. Parcel 106 was mediated on March 27, 2009 and a settlement was reached subject to commission approval. 7. Approval of Change Order No. 2 for the Lift Station 7 and Force Main Relocation Project, and Authorize the Funds Required to Implement the Change Order. (City Engineer Wheeler) The Engineering Department has proposed a change order to implement the project modifications identified in cooperation with the Utilities Department. Both involved City departments have reviewed the proposed prices for new bid items and believe them to be reasonable and comparable; other prices were established in the contract bid or previous change order. 8. Approval of Wesmere Pavement Restoration. (Public Works Director Krug) In June of 2008, one of the City's sanitation trucks experienced a hydraulic system failure while collecting trash in the Wesmere subdivision. The City responded and treated the affected areas to mitigate the spilled hydraulic fluid, which occurred over several streets. At locations where the truck stopped, enough fluid collected to cause the asphalt to deteriorate, especially at the location where the driver stopped the truck when the leak was discovered. The City solicited pricing from asphalt contractors to repair the damaged locations. The repair involves milling the damaged areas and paving with hot-mix asphalt. The responsive bidder provided a price of $28,975.00 to complete the repairs. The Wesmere Homeowners Association is in the process of resurfacing many of the streets affected by the hydraulic fluid. The City Staff recommends the Commission issue a payment directly to the Wesmere HOA for the cost of the repairs with the payment to be used strictly for resurfacing the damaged areas. Page 2 of 5 City Commission Regular April 21, 2009 9. Approval of Sanitation Service Software. (Public Works Director Krug) The Public Works Team continually strives to improve the Department's operations and reduce costs. To this end, we are proposing to implement the Pinpoint Public Works (PPW) software system in Ocoee. PPW is a remote data collection system based on mobile PDA devices utilizing touch screens and GPS to mark, timestamp, categorize and document a location of an item needing to be addressed. The Sanitation Team proposes using PPW to mark the locations of items that require collection by the claw truck and print the locations to form a route for collection the following day. This will eliminate the need for the claw truck to canvas the entire City looking for piles to pick up. This system will provide a proactive method for reporting and addressing damaged/missing carts, pot holes and damaged signs through the simple touch screen entries by the sanitation drivers. PPW also provides the GPS reporting & documentation required for disaster reimbursement and storm water inspections. 10. Approval of Interlocal Agreement with Orange County School Board Regarding Collection of Impact Fees. (Development Services Director Shadrix) The School Impact Fee Ordinance, which became effective on January 28, 2008 provided for an automatic increase each year on the annivcrsary of its effective date. Effective January 28, 2009, this automatic increase resulted in a 5% increase in the current rates, which the City has been assessing since that time. The new school impact fees that became effective on January 28th are as follows: Single Family Detached: $12,420 Multifamily: $ 6,979 Mobile Home: $ 6,661 In addition to the increase in impact fecs, the Florida Impact Fee Act Section 163.31801 (3)(c) F.S. requires that the administrative charges for the collection of impact fees be limited to actual costs. Based on these new provisions implemented in the Act, Cities in Orange County who collect school impact fees were required to assess their collection costs to insure that administrative fees reflect the actual collection costs in place of the 3% charge that was previously applied. Orange County Public Schools recommended that the City develop an administrative fee that was transaction based, which amounts to a charge for each impact fee collected by the City rather than a straight 3% charge as was previously done. After consideration and study with the City's Finance Department, the City decided to implement the recommended $102.00 transaction fee, and has been assessing this fee concurrent with the implementation of the new school impact fee. I G. PUBLIC HEARINGS SECOND READING OF ORDINANCES 11. Approval of Ordinance Repealing and Restating Chapter 15 of the City of Ocoee Code of Ordinances Entitled, "Parks and Recreation Advisory Board." (Advertised in the Orlando Sentinel, Legal Classified on Sunday, April 12, 2009) (Parks and Recreation Director Hayes) In the last year, the Parks and Recreation Advisory Board frequently had difficulty achieving a quorum of the membership and have therefore had to cancel many of their meetings. During a discussion of the City Commission, direction was given to staff to look into the membership and quorum issues and to restructure the membership of the Board to include wherever possible that members be selected from the following organizations; Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior Citizens. 12. Approval of Ordinance for Hopper Property. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, April 9, 2009, and April 16, 2009) (Principal Planner Rumer) The proposed Annexation and Initial zoning of the Hopper property was reviewed at a Public Hearing by the Planning and Zoning Commission on March 10, 2009. The Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +/- 1.24 acre parcel of land known as the Hopper Propcrty located at 240 E. Silver Star Drive. a. Annexation Ordinance b. Rezoning Ordinance Page 3 of5 City Commission Regular April 21, 2009 13. Approval of Ordinance for Silver Ridge Crossing. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, April 9, 2009) (Principal Planner Fabre) The Silver Ridge Crossing property is located on the northeast corner of Silver Star Road and Ridgefield Avenue. The subject site is approximately 1.7 acres in size and is currently undeveloped, vacant and sparsely covered with a mixture of Golden Raintree, Palms and Oaks. The Applicant/Owner requests a "Planned Unit Development" (PUD) zoning in order to create a mixed-use commercial development. Therefore, the applicant/owner has submitted a Land Use Plan for the PUD rezoning and a Small-Scale Site Plan for construction of a 13,515 square feet commercial building. a. Rezoning Ordinance b. Development Agreement (not a Public Hearing) 14. Approval of Ordinance for Fountains West - PUD Land Use Plan Amendment Ordinance. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, April 9, 2009) (Principal Planner Fabre) The Fountains West PUD was originally approved by the City Commission on December 19,2006. The PUD encompasses approximately 43 acres in size and is generally located on the northeast corner of the intersection of West Road and Ocoee-Apopka Road. The Fountains West PUD subdivision consists of eight lots of which Lot 6 is the recently constructed Publix Shopping Center. As of this date, lots 1 (SunTrust Bank) and 3 (Fifth Third Bank) are in the process of completing construction. Lot 2, approximately 1.14 acres in size, currently remains undeveloped. I H. REGULAR AGENDA 15. Approval of Development Services Software System. (Development Services Director Shadrix) In 2007, the City Commission approved budget for purchase of software for the Building Division that would streamline work efforts and provide for a more efficient, up-to-date customer service protocol and tracking system. The Development Services Department, in its evaluation of proprietary software options learned of low-cost, innovative software being developed for local governments by the University of Central Florida. Due to high costs associated with providing necessary functionality for a system that manages building permitting, development review, planning and zoning, business tax certification, and all other development services, this option is an excellent choice. There are numerous advantages to hiring the university for this work. The software platform has already been evaluated by the City's Information Technology Division and determined to be 100% compatible. 16. Appointments to the Code Enforcement Board. (City Clerk Eikenberry) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven (7) regular mernbers and two (2) alternate members, all with three year terms. There are two applications currently on file. Member Ballard has currently resigned from the board as of March 24, 2009, which leaves a vacant regular member position. There are two alternate member positions also currently open. Applications have been received by two former Code Enforcement Board members who had previously resigned for personal reasons but are now able to commit themselves back to the board. James Morton and Michael Hopper have both indicated an interest on being appointed to the Code Enforcement Board for terms ending June 2012. Page 4 of5 City Commission Regular April 21, 2009 17. Request for Reduction of Fine and Release of Lien for Code Enforcement Board Case No. 96-121, Alicia Rocna. (Building Official Washington) On October 9, 1996, Code Enforcement Officer Randy Conyers observed violations of city code on the property located at 110 Coquina Key Drive, Ocoee, Florida. The violations observed constituted a failure to have a minimum housing re-inspection as notified. A notice of code violation was sent to the property owner, Alicia Rocna, on November 6, 1996. Are-inspection of the property on November 18, 1996, revealed the property remained in non-compliance. A Notice of Hearing was sent to the property owner, Alicia Rocna, to appear at the Code Enforcement Board Meeting on November 26, 1996. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until December 6, 1996, to comply or pay a fine of $250.00 pcr day until the property was brought into compliance. The property was re-inspected on Octobcr 17, 2005, and found in non-compliance. A second re- inspection on December 6, 2005, revealcd thc property had been brought into compliance. An order imposing Fine and Lien was ordered at thc Code Enforcement Board Meeting on January 28, 1997. The fine accrued daily until the property was dcemed in compliance on December 6, 2005. The total amount of the fine is $2,153,755.49. A Request of Reduction of Fine was presented at the March 24, 2009, Code Enforcement Board Meeting. Thc Code Enforcement Board recommended a reduction of fines to $250.00 if paid within 30 days of commission approval and based on an estimated cost encumbered by the City. 18. Discussion on Charter Review Commission Report. (City Clerk Eikenberry) On December 2, 2008 this report was presented to the Commission. At the request of the Mayor, review of this report was delayed until an Attorney General Opinion could be sought with respect to Section C-20, Duties of the Mayor. That Opinion was received and it has been requested that Report of the Charter Review Commission be placed back on the agenda for consideration. I I. 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. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE MEETING. Page 5 of5