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HomeMy WebLinkAbout05-05-09 Agenda ,) OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida May 5, 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 Presentation of Park Benches for Ison Center - Lions Club Member Sills Proclamations. (Mayor Vandergrift) ~ National Water Safety Month - May 2009 ~ Municipal Clerk's Week- May 3 - 9,2009 I C. 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 21, 2009. (City Clerk Eikenberry) 2. Appointment to the Citizen Advisory Council to the Fire Department. (City Clerk Eikenberry) Members of the CACOFD serve three-year terms. Currently the CACOFD has nine (9) members and their resolution allows no less than fifteen (15) members and no more than twenty-five (25) members. One application was received from Mr. Keith Carrington with interest in serving on the 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 eight (8) members. The Resolution provides that the Parks and Recreation Advisory Board membership shall consist of nine (9) members. One application was on file for the Parks and Recreation Advisory Board; therefore staff recommends the City Commission consider appointing Herbert W. Watring to the Parks and Recreation Advisory Board with a term ending October 2011. 4. Approval of Change Order to State Road 50 Forcemain Service Relocation Project from CPH Engineers, Inc. (Utilities Director Smith) The Lift Station #7/S.R. 50 Forcemain Project is nearing completion and the existing forcemain will have three private connections still utilizing the main. The forcemain is to be taken out of service with City Commission Regular May 5, 2009 the widening of State Road 50. It is Staff's recommendation to undertake the design and permitting of the re-routing of the private connections so as to completely take the main out of service more promptly. This is the same forcemain that has failed numerous times and will remain pressurized as long as the main remains in use. CPH Engineers was selected and awarded a contract to provide the design and coordination of the relocation of all City utilities for the State Road 50 Widening Project, which includes the forcemain. Staff is recommending a Change Order to the design work to obtain two additional FDEP permits, two FDOT permits, and create a separate set of biddable plans. When the work is completed, staff will negotiate a third construction change order with GWP to cause the re- routing 5. Approval of Ocoee Identity Theft Detection and Prevention Program. (City Attorney Rosenthal) The FACT Act was signed into law on December 4,2003, in an attempt to improve the accuracy of customer reports and to help prevent identity theft. "Red Flag" rules implementing the FACT Act were issued on November 9, 2007. The Red Flag rules require municipal utilities to develop and implement a written Identity Theft Prevention Program to detect, prevent and diminish identity theft in connection with the opening of certain accounts and certain existing accounts. Compliance was initially required by November 1,2008, and extended to May 1,2009. I G. FIRST READING OF ORDINANCES I 6. First Reading of Ordinance for 325 Lee Street - Rezoning Ordinance. (Second Reading and Public Hearing scheduledfor May 19, 2009). (Senior Planner Howell) The subject property is located at 325 Lee Street. It is approximately 0.29 acres or 12,632 square feet in size and is zoned R-l (Single-Family Dwelling). The property is vacant except for several scattered invasive species of trees. The applicant is requesting a rezoning of the property to a designation of C-2 (Community Commercial) to permit the construction of a commercial office building with additional lease space for future tenants. The Future Land Use Map designates the property as Commercial. 7. First Reading of Ordinance Amending Chapter 168 Police Infraction hearing Board and Traffic Light Safety Article. (Second Reading and Public Hearing scheduledfor May 19,2009). (Police Chief Brown) The City of Ocoee is amending Ordinance Chapter 168 Police Infraction Hearing Board and Traffic Light Safety Article regarding powers and procedures of the board, processing and noticing of appeals, allowing the use of on-line reporting and electronic signatures, and authorizing and collecting late fees and administrative fees. I H. PUBLIC HEARINGS I 8. Pre-Annexation Agreement for East Crown Point Industrial Park. (Not a Public Hearing but needs to be heard before Item #9). (principal Planner Rumer) The proposed East Crown Point High Tech Industry PUD is a proposed Annexation, Large Scale Land Use Amendment, PUD Rezoning and PUD Land Use Plan near the Ocoee border with the City of Winter Garden. In order to abide by the Joint Planning Area Agreement (JPA) with Orange County and proceed with the project, a proposed 16th Amendment to the agreement is proposed under a separate cover. The City of Winter garden has expressed reservations regarding the proposed JP A Amendment and development. The reservations from the City of Winter Garden have been addressed by the proposed Pre-Annexation Agreement between the City of Ocoee and the fee simple owners of the East Crown Point High Tech Industry PUD parcels. The City of Winter Garden is a third party beneficiary to the Agreement and has enforcement rights. However, they are not a direct party to the Agreement. 9. 16th Amendment to the Ocoee/Orange County/Joint Planning Agreement. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, April 23, 2009) (principal Planner Rumer) The area proposed to be added to the City of Ocoee-Orange County Joint Planning Area (JPA) encompasses the collection of three parcels known as the proposed East Crown Point High Tech Page 2 of 4 - City Commission Regular May 5, 2009 Industry PUD. The subject property is located on the north side of Palm Drive on the west side of SR 429 (Western Expressway) and the east side of East Crown Point Road. The applicants propose to develop the 45.85 acres as a light industrial PUD with a maximum floor area ratio of 0.6. In order for the proposed project to proceed with annexation, two (2) of the parcels need to be brought into the JP A boundary and the JPA Future Land Use map needs to be amended by designating all of the subject properties Light Industrial. One of the parcels is currently located within the JPA and has a JPA Future Land Use Designation of Low Density Residential. I I. REGULAR AGENDA I 10. Discussion and Direction on Exclusive Commercial and Multi-Family Solid Waste Franchise Agreement. (Public Works Director Krug) The City requests Commission direction on the requirements for the Rates and Charges portion of the Exclusive Commercial and Multi-Family Solid Waste Collection Franchise Agreement prior to requesting new proposals from vendors. Two items requiring clarification are: 1. Section 14.C. Franchise Fee. The current 20% rate provides an average annual fee of approximately $200,000.00. The ordinance was changed in 2006 to allow up to a 25% franchise fee. Increasing the fee to 25% would provide an annual increase of approximately $50,000.00. 2. Section 14.F. Donated services for religious institutions. Ocoee's commercial establishments currently subsidize this donated service for the fourteen (14) religious institutions located in the City. The donated service is currently valued at $498.84 annually per institution. If the service is to be continued, staff requests clarifying the level of the donated service to be a 2 cubic yard dumpster collected once per week, with additional requested service to be the incremental cost above the donated service. Neighboring municipalities do not provide this donated service. Staff recommends discontinuing this free commercial service. 11. 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. 12. Approval of West Orange Narcotics Task Force Agreement Renewal. (police Chief Brown) The current West Orange Narcotics Task Force Agreement with the Orange County Sheriffs Office and the Winter Garden Police Department expires April 30, 2009. The new agreement shall take effect on May 1,2009 and shall continue in full force and effect through December 31,2012. 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 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 3 of 4