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Home My WebLink About05-19-09 Agenda REVISED OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida May 19,2009 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 Wekiva Area Study - Septic Tank Issue ~ Presentation from Orange County Commissioner Brummer ~ Resolution Urging that Line Item 471 Remain in the FY2009/10 Florida Budget 2010 Census - Supervisor of Elections Office. ~ Presentation by Beverly Willis ~ Resolution Supporting the "Complete Count" Committee for Census 2010 Presentation Regarding New #611 Route with Lynx Bus - Edward Johnson of Lynx Presentation - 2008 Annual Audit - Mr. Elden McDirmit. Presentation by CACOPD Board Members to Officer Ross Addeo for Officer of the First Quarter 2009. (Police Chief Brown) I C. COMMENTS FROM CITIZENS/PUBLIC I D. STAFF REPORTS AND AGENDA REVIEW 1. Quarterly Report - Second Quarter. (Finance Director Horton) 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. 2. Approval and Acceptance of the Regular City Commission Minutes of May 5, 2009. (City Clerk Eikenberry) City Commission Meeting Regular May 19,2009 3. Approval of Rejection of Bid #B09-03, Sorenson Park Backstop Extension. (Purchasing Agent Tolbert) The City intended to award a contract for the Sorenson Park Backstop. The budgeted amount is approximately $30,000.00. The single bid was reviewed by the Parks and Recreation Department and the Engineering Department. Staff recommends rejecting the bid from Golf Range Netting, Inc. as it is approximately 50% over the budgeted amount. Staff is currently evaluating alternative design options for the site and anticipates re-bidding this project. I G. PUBLIC HEARING - FIRST READING OF ORDINANCE 4. First Reading of Ordinance Regarding Changes to Land Development Code. (Advertised for Public Hearing on May 10, 2009. Second Reading and Public Hearing scheduled for June 2, 2009). (Principal Planner Rumer) The City has begun the process for the involuntary annexation of Phases 2 & 3 of the Rose Hill subdivision. During staffs review of the meeting noticing requirements located in the City's LDC and those required by state statute, staff found the LDC to be more arduous then the requirements of the Florida Statutes and found duplication in the aforementioned sections. Staff proposes the amendments to the LDC in order to bring the LDC noticing requirements in line with the Florida Statutes, clarify existing policy, and delete duplication. a. Changes to Section 1.10 b. Changes to Section 5.9 I H. PUBLIC HEARINGS - SECOND READING OF ORDINANCES I 5. Second Reading of Ordinance for 325 Lee Street - Rezoning Ordinance. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, May 7, 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-I (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. 6. Second Reading of Ordinance for Fountains West - PUD Land Use Plan Amendment Ordinance. (Advertised in the Orlando Sentinel, Legal Classified on Thursday, May 7,2009). First Reading of Ordinance was Apri/7, 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 comer 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 I (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. 7. Second Reading of Ordinance Amending Chapter 168 Police Infraction Hearing Board and Traffic Light Safety Article. (Advertised in the Orlando Sentinel, Legal Classified on Sunday, May 10, 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, administrative fees, and fines up to the State level should the State of Florida adopt a higher fme than the City for red light camera violations. I I. REGULAR AGENDA Page 2 of5 City Commission Meeting Regular May 19, 2009 8. Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 08-071F, Marco Anthony Italian Restaurant (Crisi's Italian Restaurant Inc.) and Teachers Insurance Annuity Associates of America. (Division Chief Stanley) On August 14, 2008, Fire Inspector Dan Dingman observed violations of city code on the property located at 2642 S. Maguire Road, Ocoee, Florida. The violations observed were exit lights not working and emergency lights not working. A notice of REPEAT code violation and Notice of Hearing was sent to the property owner and tenants Marco Anthony Italian Restaurant (Crisci's Italian Restaurant Inc.) and Teachers Insurance Annuity Associates of America on September 8, 2008 to appear at the Code Enforcement Board Meeting on September 23, 2008. An Order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on September 23, 2008, to comply or pay a fme of $100.00 per day fine starting August 14,2008 until the property was brought into compliance. The fine accrued daily until the property was deemed in compliance on January 6, 2009. The total amount of the fine is $15,536.85. A Request for Reduction of Fine was presented at the April 28, 2009, Code Enforcement Board Meeting. The Code Enforcement Board recommended a reduction of fines to $2500.00 if paid within 10 days of commission approval and based on an estimated cost encumbered by the City. 9. Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 03-002801, Shaun and Christy Tibby. (Division Chief Stanley) On July 1, 2003, Code Enforcement Officer Robert Siegrist observed violations of city code on the property located at 1615 Mona Avenue, Ocoee, Florida. The violation observed was the installation of a front driveway without required permits. A notice of code violation was sent to the property owner Shaun and Christy Tibby on August 12, 2003. A re-inspection of the property on August 26, 2003, revealed the property remained in non-compliance. A Notice of Hearing was sent to the property owner Shaun and Christy Tibby to appear at the Code Enforcement Board Meeting on October 28, 2003. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until November 4, 2003, to comply or pay a fme of $50.00 per day until the property was brought into compliance. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on November 25,2003. The fine accrued daily until the property was deemed in compliance on April 16, 2009. The total amount of the fme is $197,156.30. A Request of Reduction of Fine was presented at the April 28, 2009, Code Enforcement Board Meeting. The Code Enforcement Board recommended a reduction of fines to $2000.00 if paid within 10 days of commission approval and based on an estimated cost encumbered by the City. 10. Stor Kwik, West 50 Properties, Lot 1 - Second Amendment to the Development Agreement. (City Attorney Rosenthal) In May 2007 the City Commission approved an Annexation and Development Agreement with West 50 Properties. The Agreement provides for certain permitted uses, granted various waivers and allocated Traffic Mitigation Payments among the Lots. Lot 1 of the project is now owned by Self Storage Associates, Inc. (Stor Kwik) which has proposed certain amendments to the Agreement in connection with the processing of a site plan for Lot 1. 11. Appointment of Commissioner to Selection Committee for RFP #09-004 Exclusive Commercial and Multi-Family Solid Waste Franchise. (Purchasing Agent Tolbert) In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner be appointed to the Selection Committee to evaluate Proposals received for RFP #09-004 Exclusive Commercial and Multi-Family Solid Waste Franchise. The Mandatory Pre-Proposal meeting is scheduled for Tuesday, June 2, 2009, at 10:00 a.m. The selection committee meeting is tentatively scheduled for July 14,2009, at 10:00 a.m. 12. Recommendations from the Charter School Committee to the City Commission. (City Clerk Eikenberry) The Ocoee Charter School Committee was formed by the City Commission on September 16, 2008, for the purpose of making application to Orange County Public Schools to convert Ocoee public schools to charter schools. After several board meetings over an eight month period and a meeting at Page 3 of5 City Commission Meeting Regular May 19, 2009 Orange County Public Schools (OCPS) district, the board has submitted its recommendations to the City Commission. During the meeting (held March 31, 2009) Dr. Evelyn Chandler advised the prospective Charter School attendees of the following: 1) to budget the FTE at roughly less than the current FTE; and 2) district teachers may take a one year leave of absence (in this case to work at the charter school). If the teacher does not return to OCPS within that year, ALL tenure and benefits will be lost. Without funding to make up for the loss of such benefits, this puts at risk the likelihood that teachers/principals would approve such a move. The Charter School Committee recommends that the City not pursue a conversion charter school at this time based on the committee's research and the information gained from OCPS; that the committee sunset at this time; that the commission continue to lobby the state for a City school districts; that the City assess the possibility of a charter school in the near future; that Ocoee have more frequent contact with Ocoee's OCPS representative. 13. Discussion Regarding Setting a Joint Workshop between Charter Review Commission and City Commission. (Mayor Vandergrift) I J. STAFF ACTION ITEMS I K. 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. LAKE SHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE MEETING. Page 4 of5