Loading...
HomeMy WebLinkAbout05-18-10 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers ISO North Lakeshore Drive Ocoee, Florida May 18,2010 AGENDA 6:30 P.M. Drop Savers Winners Award Presentation 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 - National Public Works Week - May 16th_22Dd. (Mayor Vandergrift) Presentation - Recognition of Sponsors, City Departments, and Employees for their Participation in the City of Ocoee 5th Annual Spring Fling. (Deputy Chief Goclon) Presentation Audit and Financial Report - Mr. Elden McDirmit, CPA Presentation of Public Works GPS Work Documentation. (Public Works Director Krug) I Co COMMENTS FROM CITIZENSIPUBLIC I D. STAFF REPORTS AND AGENDA REVIEW I E. COMMISSIONERS ANNOUNCEMENTS F. CONSENT AGENDA ALL MA TIERS 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 of the Regular City Commission Minutes Held on May 4, 2010. (City Clerk Eikenberry) 2. Reappointment to the Board of Adjustment. (City Clerk Eikenberry) The three-year term of Christopher Warren and Jeffrey Cox ends May 20 I O. Mr. Warren has indicated he is willing to serve another term, if reappointed. Mr. Cox has declined reappointment, which leaves a vacant regular member position. There are two alternate members currently on the board and there are no applications on file to fill the board openings. Michael Elliott, who was appointed as an alternate to the board in 2008, has indicated he would like to move up to the regular member position. I City Commission Regular May 18,2010 3. Approval of Resolution Amending Resolution 2006-006 "Exhibit B", By-Laws of the Citizen Advisory Council for the Ocoee Police Department (CACOPD). (City Clerk Eikenberry) In September 1988, the City commission adopted Resolution 88-06 creating the by-laws for the CACOPD. Since that time, several amendments to the by-laws have been adopted with the most recent being 2006-006. The board, as defined in the by-laws, Article 4 currently elects a Chairman and a Vice-Chairman annually. In a meeting held April 22, 2010, the CACOPD unanimously voted to add a Treasurer position to the list of officers, and defined the duties of the position in Article 5. The board currently has eight (8) members. 4. Approval of Award of Bid #BI0-06 Peach Lake Manor Water Main Replacement Project to Hazen Construction, LLC, in the amount of $649,537.50. (Purchasing Agent Tolbert) Bids were received for the construction of a replacement water distribution system within Peach Lake Manor, which is an existing residential subdivision that is already substantially occupied by residents. Preservation of existing utilities and private property is an important aspect of the work. 5. Tennis Court Reconstruction - Tiger Minor Park, Vignetti Park, and Parkside/Coventry Park. a. Approval of Award of Bid #BI0-05. (Purchasing Agent Tolbert) b. Approval of Change Order No. 1 and Authorize the Funds Required to Implement the Change Order. (City Engineer Wheeler) Staff has separately proposed that the award for this work be made to the lowest responsive and responsible firm of Trimble & Son Construction Group, Inc. in the amount of$179,692.12, an amount that includes an add alternate bid item for replacement of a section of fence at Parkside/Coventry Park. This project includes tennis court reconstruction at three City-owned parks: Tiger Minor, Vignetti, and Parkside/Coventry. At Tiger Minor Park, the work involves relocation and enlargement of the existing two-court facility to three tennis courts. Given the uncertainty regarding bid prices and the potential cost of lighting replacement, this work was not included in the original scope. Once the cost of the work was known, staff worked with the apparent successful bidder to solicit price quotes for the replacement of lighting. Two basic requirements were imposed: reduce the lighting impact on adjacent homes and provide lighting of a sufficient quality to allow regulation play. Price quotes in the range of $25,000-$38,000 were received from four potential lighting subcontractors. The Parks & Recreation and Engineering Departments have proposed a change order to implement the project modifications identified in Change Order No. 1. These modifications would replace and enhance the level and type of lighting previously available at Tiger Minor Park. Due to the amount of the change order and the need to allocate additional budget to the project, this issue is being submitted to the City Commission for review and approval. 6. Approval of Amendment of Agreement between the City and CareHere, LLC for Operation of the City Clinic. (Human Resources Director Carnicella) The current contract with CareHere, LLC was approved by the City Commission on November 20, 2007. The Agreement is for medical services to be provided for up to two days per week based on maximum fees listed in Section 2.04 of the Agreement. In 2009, hours were increased to 20 and on October I, 2009, the hours were increased to 24. The budgeted amount this fiscal year is $496,000 and funds are available in the budget to cover these increased costs, however the Agreement with CareHere was not changed to reflect this. 7. Approval of Purchase Agreement with Bright House Networks, LLC for Maguire Road, Phase 5, Right-of-Way. (City Attorney Rosenthal) The city has been acquiring right-of-way for the construction of Maguire Road Phase 5 Project. Bright House Networks, LLC owns land on Maguire Road, a portion of which is needed for the project. Brighthouse has agreed to convey the right-of-way land (Parcels 101 and 103) to the City under threat of condemnation for a purchase price of $86,400. However, it has not been necessary for the City to Page 2 of 5 City Commission Regular May 18,2010 file an eminent domain lawsuit against Brighthouse or incur the expenses which would normally be associated with such an action. I G. SECOND READING OF ORDINANCES - PUBLIC HEARINGS 8. Proposed Code Amendment for Temporary Deferral of Road Impact Fee Payments. (Advertised in the Orlando Sentinel Orange Extra on Thursday, May 6, 2010. Public Hearing scheduled at 7: 15 p.m. or soon thereafter). (Development Services Director Shadrix) As an economic incentive for new development, City Staff is proposing a Code Amendment for Temporary Deferral of Road Impact Fee Payments. In lieu of the payment of Road Impact Fees prior to the issuance of a Building Permit as provided in Sections 87-3 and 87-11, an applicant for a Building Permit will be able to defer the payment of applicable Road Impact Fees until the authorization of "Prepower" or issuance of a "Certificate of Occupancy" (C.O.) with respect to the structure or building for which the deferral has been requested. The provisions of this amended section shall not be applicable to single-family or multi-family housing projects with less than four dwelling units. Furthermore, the road impact fee deferral set forth in this amended section shall "sunset" on May 1,2012, without further action by the City Commission. 9. Homes In Partnership (Oak Level Heights). (Advertised in the Orlando Sentinel Legal Classified on Thursday, May 6,2010 and May 13, 2010. Public Hearing scheduled at 7:15 p.m. or soon thereafter). (Principal Planner Rumer) The:J: 1.3 acre subject parcel consists of lots I, 2, 3, 19, 20, 21, & 22 of Block D, Oak Level Heights, platted in 1925. The subject properties are located on the west side of Adair Street, on both 2nd and 3rd avenue. All of the lots are vacant and were platted at 55 feet wide by ::I: 151 feet in depth for an average of 8,305 square feet. The subject property is located in a large enclave of unincorporated Orange County characterized as a mixture of single-family homes, vacant lots and a church. The lots are currently zoned A-I (Agriculture) in Orange County. On August 21,2007, the Orange County Board of Adjustment approved variances on all seven (7) lots. The variance approvals permitted a lot width of 55 feet in lieu of 100 feet and lot sizes of 8,300 square feet in lieu of 21,780 square feet. The applicant intended to obtain potable water from wells and use septic systems for sewer, but would require a variance from the State Department of Health because of separation requirements of 75 feet in between well and septic systems. By annexing into the City of Ocoee, the applicant can connect to the City's water service which would exclude the septic systems from meeting the 75 foot separation requirement. a. Annexation b. Rezoning c. Annexation Agreement (Not an Ordinance) I H. REGULAR AGENDA 10. Approval of Code Enforcement Reduction of FinelLien for Marilyn J. Kelyman, Daniel J. Kelyman and Daniel J. Kelyman Jr., Located at 6733 Lumberjack Lane. (Deputy Fire Chief Stanley) This property was cited on March 11,2009, for violation of City ofOcoee Land Development Code of Ordinance 6-4 Off-Street Parking Requirements. The Code Violation was for a white Enclosed/Covered Trailer parked in front on driveway. The Code Enforcement Board issued an Order to comply by May 22, 2009, or be fined $100.00 per day. Daniel Jay Kelyman and Marilyn Kelyman are requesting a reduction of fine/lien totaling $16,200.00. On November 2, 2009, the property was observed to be in full compliance. The Code Enforcement Board is recommending reducing the fine/lien to $11,195.35. The discussion that ensued with the Code Enforcement Board was around the fact the violation was not corrected within the giving time frame. Page 3 of5 City Commission Regular May 18,2010 11. Approval of Code Enforcement Reduction of FinelLien for Flat Sun Investment LLC, c/o: Hat Cheoung Lau, Located at 1512 Lady Avenue. (Deputy Fire Chief Stanley) a. Case No. 08-232 - Minimum Housing Inspection Violations This property was cited on October 6, 2008, for Minimum Housing violations of City Code Ordinance. The Code Enforcement Board issued an Order to comply by March 29,2009, or be fined $150.00 per day. The Code Enforcement Board extended to comply by April 27, 2009, then extended it to June 12, 2009, and then extended it to July 24, 2009. On December 3, 2009, the Orange County Comptroller Office auctioned the property through a Tax deed. Flat Sun Investment LLC, c/o: Hat Cheoung Lau is requesting a reduction offine/lien totaling $37,424.66. On March 15,2010, the property was observed to be in full compliance. The Code Enforcement Board is recommending the fine/lien be reduced to $12,324.66. The discussion that ensued with the Code Enforcement Board was around the fact that the respondent had purchased the house and at the time of purchase was unaware of the any code violations. Once they noticed there were pending code violations they had them corrected. b. Case No. 09-028 - Failure to Obtain Final Inspection on Re-roof Permit This property was cited on October 6, 2008, for Minimum Housing violations observed by Officer Delgado and one of the requirements was for a permit for a partial re-roofing. The code violation was for failure to obtain fmal inspection for the partial re-roof for permit # 08-000865 issued on June 26, 2008. On February 24, 2009, the Code Enforcement Board issued an order to comply by March 23, 2009, or be fmed $150.00 per day. On March 24, 2009, Code Enforcement Board extended to comply by April 27, 2009. On April 27, 2009, Code Enforcement Board extended to comply by May 15,2009. On May 25, 2009, the Code Enforcement Board extended to comply by June 22, 2009. On June 22, 2009, the Code Board extended to comply on July 24, 2009. Flat Sun Investment LLC, c/o Hat Cheoung Lau is requesting a reduction offme/lien of $4,050.00 plus City's cost of$I,695.70 totaling $5,745.75 since they did not take control over the property until December 03, 2009, with a Title search being preformed on June 18,2009. On August 20,2009, the property was observed to be in full compliance. The Code Enforcement Board is recommending the fine/lien be reduced to $1,695.70 to cover the City's cost. The discussion by the board was to reduce the amount; due to the fact the respondent was unaware of any pending code violations. I I. STAFF ACTION ITEMS 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 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 4 of5