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HomeMy WebLinkAbout10-05-10 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida October 5, 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. PRESENTATIONS AND PROCLAMATIONS Update on West Orange Airport Authority - William Maxwell. I Co COMMENTS FROM CITIZENS/PUBLIC I D. STAFF REPORTS AND AGENDA REVIEW I E. COMMISSIONERS ANNOUNCEMENTS 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 of Minutes for Budget Workshop Meeting Held August 31, 2010, and Tentative Budget Public Hearing Minutes of September 15, 2010. (City Clerk Eikenberry) 2. Appointments to the Human Relations Diversity Board. (City Clerk Eikenberry) On September 16, 2003, Resolution No. 2003-21, was adopted creating the Human Relations and Diversity Board, requiring no less than seven (7) members and no more than fifteen (15). The Resolution was then amended by Resolution 2004-11, which changed the quorum requirement to 50% plus 1. As of July 20,2010, Resolution No. 2010-010 amended the by-laws giving the commission the authority to appoint non-Ocoee residents as board members. Ode Mendoza and Aurelio Rodriguez have expressed an interest in serving on the Human Relations Diversity Board. 3. Approval to Certify Appointment to the City of Ocoee General Employees' Pension Board. (City Clerk Eikenberry) Trustees of the Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund currently serve four-year terms. Two of the trustees are appointed by the City Commission, 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. During the Regular Session of the City ofOcoee General Employees' Pension Board, held on August 4,2010, the Trustees choose to reappoint Wendy West as the Fifth Board Member for the term beginning October 1,2010 and ending September 30, 2014. City Commission Regular October 5, 2010 4. Approval to Award RFQ#1002R Residential Plumbing Services for Peach Lake Manor Water Line Replacement Project (Re-Bid). (purchasing Agent Tolbert) The City has under construction the replacement of water lines in the Peach Lake Manor (Lady A venue) subdivision with portions of the water lines being relocated from the rear yard property line to the rights-of-way in front of homes. New meters shall be installed in front of the affected homes. The City is seeking the services of qualified and licensed plumbing contractors to provide materials and labor to abandon in place the existing service, and tie-in the homes to the new meters. To accomplish the work, the City has advertised and received six qualifications from plumbing contractors which staff is seeking authorization from the City Commission to prequalify. It is anticipated that more than one hundred twenty (120) homes will require service relocation. 5. Approval of City Joining into the Utilities Material/Meter Purchasing "Strategic Partnership Agreement - Agreement Between the City of Punta Gorda and HD SupplylWaterworks". (Utilities Director Smith) The City of Punta Gorda, Florida, working with other communities, formed a cooperative partnership for bidding and awarding contracts for services and goods; with one contract being for water and sewer materials. Materials include but are not limited to: fittings, valves, piping and hydrants. Sensus Metering Systems, the City's meter manufacturer, is also covered by the contract. The contract, N06177 IUTILMA T0506, was awarded to HD Supply/Waterworks (HD Supply) in March 2007 for five (5) years with the ability to renew for an additional three (3) years. The Punta Gorda partnership, with HD Supply's consent, allows for other municipalities to join the partnership. Staff is recommending the City join the partnership associated with the utilities materials contract; and that Commission allows but does not require the City to procure materials from the HD Supply contract. 6. Approval of Change Order No.3 with Trimble & Son Construction Group, Inc. for the Construction of a New Basketball Court at Tiger Minor Park for an amount Not to Exceed $45,000. (CIP Manager Butler) The City is currently reconstructing tennis and basketball courts at several locations throughout the city under a contract that was awarded to the lowest responsible and responsive bidder, Trimble & Son Construction Group, Inc. As part of that project, the basketball court at Tiger Minor Park was demolished and overbuilt with a new tennis court complex. The basketball court is now proposed for reconstruction at a new location within the Tiger Minor Park property; i.e., at the intersection of Butterfly Creek Drive and Sleepy Harbour Drive. Funds for this addition to the current project were added to the Adopted FY 2011 Budget. 7. Approval of Natural Gas Distribution Franchise Agreement. (Advertised in the Orlando Sentinel on Sunday, September 5, 2010, Friday, September 17, 2010, Friday, September 24, 2010, and Sunday, October 3,2010). (City Attorney Rosenthal) I G. FIRST READING OF ORDINANCES 8. I Park Square. (Second Reading and Public Hearing is scheduled for October 19, 2010, Regular Commission Meeting at 7: 15 p.m. or soon thereafter). (Principal Planner Fabre) The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Upon annexation, the property will assume a Low Density Residential Land Use per the JP A Agreement and the City of Ocoee Comprehensive Plan. The applicant is requesting an initial City zoning classification ofR-1AA "Single-Family Dwelling" for the subject parcel. Furthermore, the Applicant has expressed that the subject property would either develop as a residential subdivision or as an ACLF (Assisted Congregated Living Facility) both of which are permitted uses under the requested zoning classification and adopted comprehensive plan. It should also be noted that the owners of the western adjacent parcel are in the process of requesting annexation into the City's corporate limits. a. Annexation b. Rezoning Page 2 of6 City Commission Regular October 5, 2010 9. Ocoee Town Shops - Small Scale Comprehensive Plan Amendment. (Second Reading and Public Hearing is scheduledfor October 19,2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre) On December I, 2009, the City of Ocoee City Commission reviewed and approved a Small-Scale Comprehensive Plan Amendment for Ocoee Town Shoppes (the "Previous Amendment"). For your reference, a copy of the staff report for the Previous Amendment is attached hereto. At the time of approval of the Previous Amendment, the City was prohibited from adopting comprehensive plan amendments because it had not yet submitted its required Evaluation and Appraisal Report ("EAR") to the Florida Department of Community Affairs ("DCA"). Accordingly, the Previous Amendment provided for a deferred adoption date related to the City's adoption of its EAR. its submission of the EAR to DCA and its receipt of an initial determination of sufficiency from DCA. On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of its EAR to DCA. Based on the Previous Amendment ordinance, the adoption date could be after the November 2nd election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is uncertain. Since comprehensive plan amendments may be adopted at such time as the EAR has been transmitted to DCA, City Staff recommends that the City Commission pass an ordinance amending the Previous Amendment in order to provide for an adoption date 10 days after passage of this ordinance. This will allow the Comprehensive Plan Amendment to be sent to the DCA prior to the November 2nd election. 10. Shoppes at the Village - Small Scale Comprehensive Plan Amendment. (Second Reading and Public Hearing is scheduled for October 19,2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre) On December 15, 2009, the City of Ocoee City Commission reviewed and approved a Small-Scale Comprehensive Plan Amendment for Shoppes at the Village (the "Previous Amendment"). For your reference, a copy of the staff report for the Previous Amendment is attached hereto. At the time of approval of the Previous Amendment, the City was prohibited from adopting comprehensive plan amendments because it had not yet submitted its required Evaluation and Appraisal Report ("EAR") to the Florida Department of Community Affairs ("DCA"). Accordingly, the Previous Amendment provided for a deferred adoption date related to the City's adoption of its EAR. its submission of the EAR to DCA and its receipt of an initial determination of sufficiency from DCA. On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of its EAR to DCA. Based on the Previous Amendment ordinance, the adoption date could be after the November 2nd election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is uncertain. Since comprehensive plan amendments may be adopted at such time as the EAR has been transmitted to DCA, City Staff recommends that the City Commission pass an ordinance amending the Previous Amendment in order to provide for an adoption date 10 days after passage of this ordinance. This will allow the Comprehensive Plan Amendment to be sent to the DCA prior to the November 2nd election. I H. SECOND READING OF ORDINANCES I 11. West Property - Small Scale Comprehensive Plan Amendment. (Advertised in the Orlando Sentinel on Thursday, September 23, 2010). (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-I (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 fmal 8.89 acres. 12. Eddie W. Turner (3750 Jane St). (Advertised in the Orlando Sentinel on Thursday, September 23 and 30,2010). (principal Planner Rumer) Page 3 of6 City Commission Regular October 5, 2010 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 13. Health Central II (3723 Old Winter Garden Rd). (Advertised in the Orlando Sentinel on Thursday, September 23 and 30, 2010). (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 14. Health Central III. (Advertised in the Orlando Sentinel on Thursday, September 23, 2010). (principal Planner Rumer) The subject properties are located on the north side of Old Winter Garden Road, west of Ohio A venue, and east of Arlington A venue. 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. a. Rezoning Ordinance No. 2010-026 b. Rezoning Ordinance No. 2010-027 15. Deeper Life Assembly of God Church. (Advertised in the Orlando Sentinel Orange Extra on Thursday, September 9 and 16, 2010). Continued from the SeTJtember 21. 2010, City Commission Meetinf!. (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. a. Annexation Ordinance No. 2010-017 b. Annexation Ordinance No. 2010-018 c. Annexation Agreement I I. PUBLIC HEARINGS 16. City of Hope Church - Special Exception. (Advertised in the Orlando Sentinel on Thursday, September 23,2010). (Principal Planner Fabre) The "Ocoee Plaza" Shopping Center contains a variety of business such as: Tropic Save Supermarket, Family Dollar, Los Primos Restaurant, Franco's Pizzeria, Money Pawn, Hair Salon and H&R Block. The subject unit spaces (storefronts) are vacant and adjacent to each other, and both are situated on the north side of the Shopping Center. The Applicant has proposed to convert these two spaces into one church space. The Future Land Use designation for this entire property is "Commercial" with a current zoning classification of"C-2" Community Commercial. I J. REGULAR AGENDA I 17. Briefing and Update Regarding a New Chapter 45 of the Code of Ordinances of the City of Ocoee Relating to Trees on Private Residential Properties within the City. (Building Official Washington) (Discussion tabled atthe meeting on August 17, 2010.) Trees can reduce the erosion of our top soil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air produce oxygen, provide habitat for wildlife, and increase property values, and improve the aesthetics of the community. Based on numerous comments from citizens to staff and to the City Commission, staff was directed to evaluate and bring forward a means of regulating trees on private residential properties. Staff has prepared a draft ordinance creating a new Chapter 45 of the Code of Ordinances of the City of Ocoee that creates a regulatory framework and Page 4 of6 City Commission Regular October 5, 2010 policy for the control of planting, removal, maintenance, and protection of trees on private residential properties. 18. Approval of Resolution Amending and Replacing Resolution No. 2007-06; Providing a Fee Structure for the Ocoee Parks and Recreation Department for Participation in Recreation Programs, Classes, Activities, and Event Rental of City Facilities, Memberships, and Usage Fees. (parks and Recreation Director Hayes) In April of this year the City Commission approved adjustments specific to the operations of the swimming pool. Since then, the Parks and Recreation Department has completed a comprehensive review of the remaining fees for parks, facilities, programs, and memberships and is recommending adjustments to many of the fees. All of the proposed fee adjustments have been identified in the attached Schedule A,. Furthermore, the Parks and Recreation Advisory Board reviewed the proposed fee schedule and recommended the proposed fee schedule to the City Commission for consideration. 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 of 6