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HomeMy WebLinkAbout07-07-09 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida July 7, 2009 6:00 P.M. ~oint Meeting of the Charter Review Commission and City Commission 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 - Parks and Recreation Month - July 2009. (Mayor Vandergrift) I C. COMMENTS FROM CITIZENS/PUBLIC I D. STAFF REPORTS AND AGENDA REVIEW I E. COMMISSIONERS ANNOUNCEMENTS F. CONSENT AGENDA ALL MAITERS 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 June 16, 2009. (City Clerk Eikenberry) 2. Appointment 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 fmes for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members, all with three year terms. There is currently one (1) alternate member position open. An Application has been received by Elizabeth Osborne who has shown an interest on being appointed to the Code Enforcement Board for a term ending June 2012. In addition, Member Morton has announced that he will be temporarily away overseas for 3-4 months and would like the Commission to consider making him an alternate member, moving Michael Hopper up to a regular member position. There are no other applications on file to fill the board openings. 3. Appointment to the Community Grant Review Board. (City Clerk Eikenberry) Members of the Community Grant Review Board serve two-year terms. Currently the Community Grant Review Board has four (4) members and their resolution allows five (5) members. One application was received from Mr. Keith Carrington with interest in serving on the board. City Commission Regular July 7, 2009 4. a. Approval of Resolution and Local Agency Program Agreement between the City of Ocoee and the Florida Department of Transportation to Fund the Reconstruction of Clarke Road between Silver Star Road (SR 438) and Clarcona-Ocoee Road (CR 439). (City Engineer Wheeler) The City ofOcoee has been selected as a recipient of$I,675,000 in federal funds for the reconstruction of Clarke Road north of Silver Star Road as part of the American Recovery and Reinvestment Act of 2009. In order to receive these funds, the City of Ocoee must provide fmancial support for other aspects of the project, such as engineering design and construction inspection, and comply with a number of project development and administration requirements. One of these requirements is to execute a Local Agency Program (LAP) Agreement, which establishes the relationship between the City and the Florida Department of Transportation (FDOT), the agency administering the relevant federal-aid program. This Agreement essentially extends to the City of Ocoee those responsibilities imposed on FDOT by the federal-aid program. b. Approval of Contract to Award the Work of Designing the Reconstruction of Clarke Road between Silver Star Road (SR 438) and Clarcona-Ocoee Road (CR 439) to the Engineering Firm of Dyer, Riddle, Mills, & Precourt, Inc. (DRMP) for a not-to-exceed fee of $30,175.00. (City Engineer Wheeler) The City of Ocoee presently has three firms under contract for continuing engineering services. Of these firms, staff has concluded that Dyer, Riddle, Mills & Precourt, Inc. (DRMP) is best qualified to undertake the work of developing construction plans and specifications for the work due to their prior experience with Florida DOT construction requirements, which apply to this project. The Florida DOT must approve all plans and bid documents for the project before federal-aid funds are committed to the project. 5. Approval for Mowing of Landscape Properties with GroundTek. (public Works Director Krug) In the 2007-2008 fiscal year, the City attempted to obtain a cost savings by maintaining the City's landscape properties only once per month. The once per month frequency did not adequately maintain the City's properties. The 2008-2009 budget incorporated eighteen cuts per year to provide the additional maintenance required during the growing season. The budget adequately funds the eighteen cuts per year and approval ofthis maintenance frequency will update the existing Ground Tek contract to match the budget. 6. Approval of State Highway Lighting, Maintenance, and Compensation Agreement Work Order (FY 09/10). (Public Works Director Krug) The City entered into a contract with the Florida Department of Transportation for lighting maintenance and compensation on State Highways in August 2002. FDOT is requesting the City execute the renewal of this contract at $25,736.36. This amount represents a 3% increase from the previous contract period. 7. Approval of Change Order Amendment with Valley Crest for Silver Star Landscaping Improvement Project. (Public Works Director Krug) The City entered into the Joint Participation Agreement (JPA) with the FDOT on September 7, 2004, for the Landscaping Improvements on State Road 438 (Silver Star) from Olympus Drive to Woodhaven Court. Following a lengthy design and approval process, the City awarded the installation work to Valley Crest on November 18, 2008. Due to conditions encountered in the field and the consensus to upgrade the sod from bahia to St. Augustine, we have solicited the attached revision from Valley Crest to complete the project as desired. The increase of $42,913.00 brings the total installation cost to $199,921.00. This increased price remains below the funding limit of the JPA. 8. Approval of Edward Byrne Memorial Justice Assistance Grant (JAG) Application FY 2009. (police Chief Brown) $17,773.00 has been made available for the Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG), which is based on VCR reports. With this money, staff recommends the purchase of laptop computers including the software and licenses for said computers and the purchase of card readers used to populate the report fields. Page 2 of6 City Commission Regular July 7,2009 I G. FIRST READING OF ORDINANCE - PUBLIC HEARING 9. First Reading of Ordinance for Rose Hill Phases 2 & 3 - Referendum Annexation. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on Thursday, June 25, 2009. Second Reading of Ordinance and Public Hearing scheduled for July 21, 2009). (Principal Planner Rumer) The character of the annexation area is low density residential. The annexation area includes 244 single-family dwellings, five retention areas, and roadways with sidewalks on both sides of the road. The annexation area is surrounded by the West Oaks Mall and residential development on the west, residential development on the north, multi-family residential on the south, residential development and a solid waste transfer station on the east. The area is accessed by an entrance on White Road and through Rose Hill Phase 1 by an entrance on Good Homes Road. Based on the recommendations of the DRC and Plarming & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt Ordinance 2009-018, providing for the armexation into the Corporate Limits of the City of Ocoee, Florida, of Certain Real Property Known as Rose Hill Phases 2 & 3, consisting of approximately 80.68 acres; providing for a referendum on the question of annexation for the registered electors within the property proposed for armexation; proving for said referendum to be considered at a special election to be held on September 15,2009 as a mail ballot election. I H. SECOND READING OF ORDINANCE - PUBLIC HEARING I 10. Second Reading of Ordinance Regarding Approval of the Amended, Consolidated and Restated Ordinance for the City of Ocoee Municipal General Employees' Retirement Trust Fund. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on Sunday, June 21,2009). (Human Resources Director Carnicella) Amendment to the General Employees' Pension Ordinance to include Internal Revenue Code changes and changes to the Uniformed Services Employment and Reemployment Rights Act, to increase the term length of the Board of Trustees from two years to four years, to require the two Board Members elected by employees be vested, and to clarify certain language and consolidate and restate all previous Ordinance amendments of the Plan into one document. I I. PUBLIC HEARINGS I 11. Pucci, Dalstra, Mann Variance - 2111 Casaba Cove Ave. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on Thursday, June 25, 2009). (Principal Planner Rumer) This variance application requests that an existing fence at 2111 Casaba Cove Ave. be allowed to be located 7.6 feet from the side street property line. The fence was constructed in 2003 without a permit. During a recent code enforcement exercise, it was determined that the owners had not pulled a permit. The property owner is seeking the variance from 15 feet to 7.6 feet as the first step in the permit process. 12. Stringer Variance - 325 Springfoot Court. (Advertised for Public Hearing in Orlando Sentinel Legal Classified on Thursday, June 25,2009). (Principal Planner Rumer) This variance application requests that a proposed replacement fence at 325 Springfoot Ct. be granted a side street setback variance from 15 feet to 0 feet. The existing fence located on the property line was approved in May 2001, under building permit 0006416. The City passed Ordinance 2007-025 in 2007 creating section 5-4.1 in the Land Development Code which grandfathered fences erected prior to January 1, 2000, as legal non-conforming structures. Grandfathered fences are allowed to be repaired and replaced in the location they were constructed. The existing fence does not meet the grandfathering criteria as it was permitted in May of 200 1. Page 3 of6 City Commission Regular July 7, 2009 13. Hampton Inn - Preliminary/Final Site Plan. (Advertisedfor Public Hearing in Orlando Sentinel Legal Classified on Thursday, June 25,2009). (Senior Planner Howell) The subject parcel is approximately 2.56 acres in size and is located on the south side of Westrun Road. The proposed Hampton Inn hotel is located on Lot 4 of the West 50 Commercial subdivision. This development will be the first development in the West 50 Commercial Subdivision, which was approved by the City Commission on May 15, 2007. The Large-Scale Preliminary/Final Site Plan proposes the construction of a 4 story Hampton Inn hotel that is 61,489 square feet in area. I J. REGULAR AGENDA I 14. Request for Reduction of Fine and Release of Lien - Code Enforcement Board Case No. 07-161 - 2312 Wickdale Court, Mickey Hage, Real Estate Broker. (Division Chief Stanley) On July 31, 2007, Officer Carmen Delgado observed violations of city code on the property located at 2312 Wickdale Court, Ocoee, Florida. The violations observed were failure to maintain a swimming pool. The occupant was given a Notice of Violation to be in compliance by August 8,2007. Property was reinspected and found to be in Non-Compliance and was presented before the Code Enforcement Board (CEB) meeting on September 25,2007. The CEB gave the occupant until October 2,2007, to come into compliance or receive an order of fme and lien of $200.00 per day. The property was reinspected on October 3, 2007, found to be in Non-Compliance. An Affidavit of Compliance was completed on June 22, 2009. On June 22, 2009, a request for a re-hearing for a reduction was filed. A hearing before the CEB on June 23, 2009, was heard for a reduction of fme in the amount of $119,600.00. The CEB is recommending the fme be reduced to $500.00. 15. Request for Reduction of Fine and Release of Lien - Code Enforcement Board Case No. 07-219 - 2312 Wickdale Court, Mickey Hage, Real Estate Broker. (Division Chief Stanley) On October 31, 2007, Officer Carmen Delgado observed violations of city code on the property located at 2312 Wickdale Court, Ocoee, Florida. The violations observed were failure to maintain overgrown grass/weeds. The occupant was given a Notice of Violation to be in compliance by November 9,2007. Property was reinspected and found to be in Non-Compliance and was presented before the Code Enforcement Board (CEB) meeting on November 27, 2007. The CEB gave the occupant until December 7, 2007, to come into compliance or receive an order of fme and lien of $250.00 per day. The property was reinspected on December 12, 2007, found to be in Non- Compliance. An Affidavit of Compliance was completed on January 10, 2008. On June 22, 2009, a request for a re-hearing for a reduction was filed. A hearing before the CEB on June 23, 2009, was heard for a reduction of fine in the amount of $8,250.00. The CEB is recommending the fine be reduced to $313.00. 16. Request for Reduction of Fine and Release of Lien - Code Enforcement Board Case No. 08-211 - 2754 Alclobe Circle, Ronald Gentile, Real Estate Broker. (Division Chief Stanley) On September 24, 2008, Officer Theresa Rodriguez observed violations of city code on the property located at 2754 Alclobe Circle, Ocoee, Florida. The violations observed were failure to maintain overgrown grass/weeds. The occupant was given a Notice of Violation to be in compliance by October 1, 2008. Property was reinspected and found to be in Non-Compliance and was presented before the Code Enforcement Board (CEB) meeting on November 25, 2008. The CEB gave the occupant until December 10, 2008, to come into compliance or receive an order of fme and lien of $150.00 per day. The property was reinspected on December 11, 2008, found to be in Non- Compliance. An Affidavit of Compliance was completed on March 9, 2009. On June 22, 2009, a request for a re-hearing for a reduction was filed. A hearing before the CEB on June 23, 2009, was heard for a reduction of fine in the amount of $13,935.94.00. The CEB is recommending the fine be reduced to $452.12. Page 4 of6 City Commission Regular July 7, 2009 17. Re-Discussion of Tiger Minor Park Tennis Court Concept Plan at Request of Commissioner Wilsen. (Parks and Recreation Director Hayes) On June 2, 2009, staff presented a master plan for the redevelopment of Tiger Minor Park that included the expansion of the tennis facilities in that park. At this meeting a general discussion ensued regarding the recreational needs of the community and the development of parkland, it was felt that there was a need for a community survey and staff was directed to come up with a plan. The City Commission at its June 16, 2009, meeting requested staff to bring back the master plan for Tiger Minor Park for clarification on the direction the City Commission desired staff to pursue. In addition to this, the City Commission requested information on the costs to repair the existing tennis courts at Tiger Minor Park and Vignetti Park. These costs are estimated at $25,000 to $30,000 for Tiger Minor Park and $17,500 to $20,000 for Vignetti Park. 18. Approval and Authorization to Award the Work of Constructing the Bill Breeze Park Entrance Sign to the Firm of American Persian Engineers & Constructors, Inc. for the Amount of $9,750.00, to Award the Work of Installing Electrical Facilities Associated with that Sign and to provide Code-Compliant Electrical Service to the Founders' Day stage to the Firm of Bright Future Electric in the Amount of $6,300.00. (City Engineer Wheeler) The main stage used for Founders' Day events has traditionally been connected to electric power services through the use of temporary wiring for lighting and sound. However, these temporary connections do not provide the level of public safety suitable for such a large event. With the increased size of the VIP food tent and seating area, which will be under a 30 ft. by 50 ft. tent this year, it has become imperative that a permanent wiring solution be deployed. Engineering Division staff, working with the Parks & Recreation Department, the Building Division, and other City staff, has devised a permanent solution that will reconstruct the wiring within the eastern portion of Bill Breeze Park so as to meet the needs of Founders' Day and comply with the Florida Building Code. In addition, the proposed work will reduce the number of power meters, power poles, and overhead power lines in the area, thereby lowering the cost of electric power service. One element of the design is construction of a permanent park entrance sign near the intersection of Lakeshore Dr. and Oakland Ave. The design of this sign will set the standard for other improvements to City facilities in the area. Electrical panels for connecting power to the main stage will be mounted to the back of the sign. Part of the electrical work is to be ready to switch City facilities to underground power on this block of Oakland A venue. 19. Discussion on Maguire House Roof and Air Conditioning. (Mayor Vandergrift) I K. STAFF ACTION ITEMS I L. 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 5 of5