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HomeMy WebLinkAbout09-21-10 Agenda OCOEE CITY COMMISSION Oeoee Commission Chambers 150 North Lakeshore Drive Oeoee, Florida September 21, 2010 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. PRESENT A TIONS AND PROCLAMATIONS Proclamation - Walk to School Day - October 6th. (Mayor Vandergrift) Presentation of Officer of the Second Quarter 2010 Award to Officer Amanda Strong - CACOPD Board Representative. Update on West Orange Airport Authority - William Maxwell. Presentation on Legislative Updates - Chris Carmody. I C. COMMENTS FROM CITIZENS/PUBLIC 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 SEP ARA TE 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 Minutes for Regular City Commission Meeting Held August 17, 2010, and Budget Workshop Minutes of August 11, 2010. (City Clerk Eikenberry) 2. Appointments to the Police Infraction Hearing Board. (City Clerk Eikenberry) Oeoee Police Infraction Hearing Board was established May 15, 2007, by Ordinance No. 2007-007. The Hearing Board consists of seven (7) members. Each member of the City Commission appointed one citizen to the board, filling five of the seats. The other two members were appointed by the City Commission from among the membership of the Citizens Advisory Council of the Ocoee Police Department (CACOPD), as recommended by the Police Chief. Currently, one position is vacant (District I) and two positions are open for reappointment. Commissioner Hood has submitted his recommendation for Donald Bellerive. Carol Arney and Jim Chinelly both indicated they would be willing to serve another term on the Hearing Board. City Commission Regular September 21,2010 3. Reappointment to the General Employees' Pension Board of Trustees. (City Clerk Eikenberry) Trustees for the Pension Boards now serve four-year terms, as amended in Ordinance 2009-020. The City Commission appoints two of the trustees, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the City Commission for certification of the appointment as a ministerial act. Trustee Patricia Gleason has indicated she is willing to serve another term if appointed. At this time no other applications were received for serving on this board. 4. Approval of Execution of Property Releases to AT&T and MASTEC for Damages Caused to City Facilities at the Intersection of White and Montgomery Roads. (City Engineer Wheeler) The City approved a Right-of-Way Utilization permit for AT&T to install some new facilities within the City's rights-of-way along Clarke, White, and Montgomery Roads. AT &T contracted with MASTEC to perform the installation of those facilities. While working at the intersection of White and Montgomery Roads, MASTEC caused a City water main to come apart. The resulting damage to the intersection washed out a storm water pipe, a portion of the road and curb, and disrupted water service to most customers along the White Road corridor for many hours on the morning of August 21, 2009. Public Works and Utilities crews were called upon to reconnect the 12 inch water main and re- establish the grading, road, and curb in the affected area. The cost for the City crews was billed to AT &T, as the utility permittee. The total cost to the City was $10,360.61. AT&T and MASTEC have agreed to split the cost and reimburse the City for its expenses. 5. Approval of Intent to Annex for Water Service for Mark E. and Jeffrey W. Dally Property at 20116th Avenue. (City Engineer Wheeler) Mark and Jeffrey Dally own the property which is located at 201 16th Avenue and have approached the City for utility service. The property was platted as part of the North Ocoee Addition No.1 and has two single family residences on the property. The property is currently within unincorporated Orange County and is not contiguous to the City Limits. However the property is inside the City's JP A boundary, Water & Sewer Territorial Boundary, and City Limits. Therefore, this is just intent to annex for water service at this time. 6. Approval of Change Order No.2 Clarke Road Rehabilitation Project, which Reduces the Final Project Cost by $29,944.28. (CIP Manager Butler) The City undertook a major repaving effort for the portion of Clarke Road north of Sil ver Star Road in cooperation with the Florida Department of Transportation using funds provided by the American Recovery and Reinvestment Act. That work has been completed and a closeout change order is required to reconcile contract quantities and installed quantities. The final cost of the project, $975,598.02, was slightly less than the contract amount of $1,005,542.50 as a result of more unit reductions than additions. Twelve new pay items were added over the life of the project in order to properly account for contingency actions related to sidewalk upgrades, pavement markings, and traffic signal work required by field conditions. 7. Approval of Reduction of $40,479.78 in the Contract Amount for the Maguire Road-Turnpike Utility Relocation Project. (CIP Manager Butler) The City was required to relocate its utility facilities crossing under Florida's Turnpike, as a result of its obligations under the Florida DOT right-of-way utilization permit that allowed the crossing, when that agency decided to widen the Turnpike. This work required removal of a 12-inch water main and a 12-inch sanitary sewer force main, along with installation of a replacement sanitary sewer force main at a greater depth. However, after the work was begun, Turnpike staff concluded that sufficient cover would remain above the water main to allow it to stay in service. As a result, this portion of the work was no longer necessary and is deleted by this change order. Page 2 of6 City Commission Regular September 21, 2010 I G. FIRST READING OF ORDINANCES 8. I Health Central II (3723 Old Winter Garden Rd). (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Rumer) Staff recommends the annexation of the 5,800 square feet of land known as the Health Central II Parcel, and rezoning to R-3 (Multiple-Family Dwelling) District. a. Annexation b. Rezoning 9. Health Central III - Rezoning. (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereaftel). (Principal Planner Rumer) The subject properties are located on the north side of Old Winter Garden Road, west of Ohio Avenue, and east of Arlington Avenue. The properties are vacant of structures with heavy vegetation. The applicant is requesting a zoning designation of R-3 which is permitted under the Future Land Use designation. 10. Eddie W. Turner (3750 Jane St). (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Rumer) Staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the +/- 0.44 acres of land known as the Eddie W. Turner parcel, and also adopt the ordinance to rezone the property from Orange County A-I to Ocoee R-3. a. Annexation b. Rezoning 11. West Property - Small Scale Comprehensive Plan Amendment. (Second Reading and Public Hearing is scheduled for October 5,2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Rumer) The West property is located on the north side of Palm Drive, between East Crown Point Road and SR 429. The subject site is approximately 8.89 acres in size and is zoned R-l (Single-Family Dwelling). The property is currently vacant and undeveloped. The applicant/owner is requesting a Small-Scale Comprehensive Plan Amendment which consists of classifying the subject parcel of land from "Low Density Residential" to "Light Industrial." The subject property came before the Local Planning Agency back in November 2008, as part of a Large Scale Comprehensive Plan Amendment. The Large Scale Comprehensive Plan Amendment did not proceed after the meeting. The rest of the properties involved received a Large Scale Comprehensive Plan Amendment from Orange County with Ocoee's support. This Small Scale Amendment will amend the Land Use of the final 8.89 acres. I H. FIRST READING OF ORDINANCE - PUBLIC HEARING I 12. Wastewater Facility Plan - Large Scale Comprehensive Plan Amendment. (Date of Second Reading Contingent on Approval of DCA). (Advertised in the Orlando Sentinel Orange Extra on Thursday, September 9,2010). (Principal Planner Rumer) In 2004, the Florida Legislature enacted the We kiva Parkway and Protection Act (Wekiva Act) found in Part III, Chapter 369, Florida Statutes. Local governments within the Wekiva Study Area (WSA) are required to develop a wastewater facility plan for the specific portions of their joint planning areas and utility service areas where central wastewater systems are not readily available. The purpose of this effort is to prepare a Wastewater Facility Plan for the City of Ocoee that meets the Act's requirements for short-range (5-year) and long-range (-20 year) planning horizons. Page 3 of6 City Commission Regular September 21, 2010 I I. SECOND READING OF ORDINANCE - PUBLIC HEARINGS 13. Second Reading of Ordinance - Deeper Life Assembly of God Church Annexation. (Advertised in the Orlando Sentinel Orange Extra on Thursday, September 9 and 16, 2010). (Principal Planner Rumer) Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 38 +/- acres of land known as Deeper Life Church parcels and also adopt the annexation agreement for the 5.3 acre parcel containing the existing church buildings. 14. Second Reading of Ordinance Amending the City of Ocoee Police Officers' & Firefighters' Trust Fund. (Advertised in the Orlando Sentinel Orange Extra on Sunday, September 12, 2010). (Police Chief Brown) The Police Officers' & Firefighters' Trust Fund Board is requesting an amendment to the Police and Fire Pension Ordinance to include the Pension Protection Act of 2006 and subsequent regulations and guidance from the IRS, as well as other changes to the Internal Revenue Code and Regulations, changes to the State law and the adoption of Chapter 2009-07, Laws of Florida. I J. PUBLIC HEARINGS 15. Stor Kwik- PreliminarylFinal Site Plan. (Advertised in the Orlando Sentinel on Thursday, September 9, 2010). (Senior Planner Howell) The subject property is located on the southwest corner of the intersection of State Road 50 and Westrun Road. More specifically the property is known as Lot 1 of the West 50 Commercial Subdivision. The Large-Scale PreliminarylFinal Site Plan for Stor K wik proposes the construction of a 41,225 square foot self-storage facility with associated retail units on the front far;:ade of the main building. The storage facility will consist of a total of six buildings, with the main building noted as Building "A". This building is proposed as a three-story climate-controlled self-storage use with the front far;:ade consisting of three retail units, and two office spaces which will be utilized by the storage facility. 16. Evaluation and Appraisal Report - Adoption. (Advertised in the Orlando Sentinel Orange Extra and West Orange Times on Thursday, September 9, 2010). (Development Services Director Shadrix) Under State law, every jurisdiction in the State of Florida must evaluate how well it has performed at meeting the goals, objectives, and policies of the Comprehensive Plan. The City must also determine what changes are needed in the plan to reflect the community's vision for the future. The result of this evaluation process is an official report known as the Evaluation and Appraisal Report (EAR). The purpose of the EAR is to review the adopted Comprehensive Plan to determine how well the City is meeting State mandated planning requirements, implementing the Goals, Objectives, and Policies as set forth in the Comprehensive Plan, and addressing major growth management issues within the City. Various tools are then proposed to address the issues raised by the community and public officials. 17. 16th Joint Planning Area Amendment. (Advertised in the Orlando Sentinel Orange Extra and West Orange Times on Thursday, September 9, 2010). (Development Services Director Shadrix) The City has initiated this amendment to the Comprehensive Plan in order to (i) incorporate by reference the Sixteenth JPA Amendment; (ii) provide for the revision of the Future Land Use Map (Figure 2) and the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Land Use Map as modified by the Sixteenth JP A Amendment; and (iii) provide for the revision of the Existing Land Use Map (Figure 1) to conform to the Orange County Comprehensive Policy Plan Future Land Use Map as modified by the County Comprehensive Plan Amendment. The Sixteenth (16th) Amendment to the City of Ocoee-Orange County Joint Planning Area Agreement (JP A) amended the boundary to include the area located north of Palm Drive, east of East Crown Point Page 4 of6 City Commission Regular September 21, 2010 Road and west ofSR 429 aka "East Crown Point High Tech Industry PUD" and establish a JPA Future Land Use map designation for all parcels as "Light Industrial." a. Large Scale Comprehensive Plan Amendment - First Reading of Ordinance (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7: 15 p.m. or soon thereafter). b. Transmittal Public Hearing 18. Past Joint Planning Area Amendments and Future Land Use Map Clean-up. (Advertised in the Orlando Sentinel Orange Extra and West Orange Times on Thursday, September 9, 2010). (Development Services Director Shadrix) The City proposes to update Figure 1 (Existing Land Use Map) and Figure 2 (Future Land Use Map) of the Future Land Use Element of the Ocoee Comprehensive Plan to reflect annexations and comprehensive plan amendments adopted since the adoption ofCPA-2001-1-1; and to (i) incorporate by reference the Fifth through the Fifteenth Joint Planning Area Agreement Amendments; (ii) amend Subsection I of the Future Land Use Element in order to reflect the Fifth through the Sixteenth Joint Planning Area Agreement Amendments; (iii) amend the Future Land Use Map (Figure 2) to conform to the Joint Planning Area Agreement, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 2; and (iv) amend the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Agreement, as amended and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure I. a. Large Scale Comprehensive Plan Amendment - First Reading of Ordinance (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7: 15 p.m. or soon thereafter). b. Transmittal Public Hearing 19. Text Amendments. (Advertised in the Orlando Sentinel and West Orange Times on Thursday, September 9, 2010). (Development Services Director Shadrix) The City has initiated this amendment to the Comprehensive in order to (i) amend the definition of floodplains in order to allow an alternative basis for determining the location of 100-year flood plains for the purposes of implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend Objective 3 of the Section IV of the Conservation Element in order to conform to the amended definition of floodplains, and (iii) amend the Public Participation Procedures Element regarding procedures for noticing and conducting public hearings on comprehensive plan amendments. a. Large Scale Comprehensive Plan Amendment - First Reading of Ordinance (Second Reading and Public Hearing is scheduled for October 5, 2010, Regular Commission Meeting at 7: 1 5 p.m. or soon thereafter). b. Transmittal Public Hearing I K. REGULAR AGENDA 20. Appointment to the Police Officer's and Firefighter's Retirement Trust Fund Board of Trustees. (City Clerk Eikenberry) Trustees for the Police Officer's and Firefighter's Retirement Trust Fund Board now serve four-year terms, as amended in Ordinance 2010-018. The City Commission appoints two of the trustees from applications received, two are elected from the employee body (one police officer and one firefighter), and the fifth trustee is chosen by those four trustees and presented to the City Commission for certification of the appointment as a ministerial act. Trustee Robert Wayne Vaughn has indicated he is not interested in serving another term. Currently there are three applications on file. Mr. William Maxwell, Mr. Scott Blynder, and Mr. John Grogan have all indicated an interest in serving on this board. Page50f6 City Commission Regular September 21, 2010 21. Approval of Community Grant Program - July 2010 Cycle. (Community Relations Manager Wright) The Community Grant Review Board met on August 12,2010, to discuss the 11 applications received during the first cycle of the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant Program provides financial grants of up to $500 made to Ocoee non-profit organizations and civic groups outside City limits which benefit residents of Ocoee. The grants are awarded twice yearly to acknowledge excellence and further the contributions these local organizations bring to the Ocoee community. The Community Grant Review Board voted to award grants to 9 organizations. 22. Financial Summary Report for Founder's Day Celebration. (Parks and Recreation Director Hayes) The 2010 Founder's Day Celebration will be held on November 5th and 6th of this year. Staff was directed by the City Commission at the August 31, 20 I 0, Budget Hearing to provide a summary of the financial status fro the event. Staff has completed a summary report that includes prior year (2008 and 2009) deficits and the anticipated revenues and expenditures for the 2010 celebration, which projects a deficit of $60,970.85 in the fund. In order to get the Founder's Day fund in balance as requested, the City Commission will need to consider a transfer of the projected deficit amount ($60,970.85) to come from the Contingency Fund (#001-516-00-4900) to the Founder's Day Fund (001-572-00-4004). I L. STAFF ACTION ITEMS I M. 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 6 of6