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HomeMy WebLinkAbout11-16-10 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida November 16, 2010 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum B. PRESENTATIONS AND PROCLAMATIONS Presentation by Historical Commission Regarding Recently Published Book on History of Ocoee. C. COMMENTS FROM CITIZENS /PUBLIC D. STAFF REPORTS AND AGENDA REVIEW 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 SE PARATELY. 1. Approval of Minutes for Regular Commission Meeting Held November 2, 2010. (City Clerk Eikenberry) 2. Approval of Suntree Technologies Baffle Box — Prima Vista, Sabinal Street Drainage Improvements. (Public Works Director Krug) The Prima Vista neighborhood storm drainage flows to the south east at the intersection of Sabinal Street and Gallego Avenue. The Stormwater Division performed a drainage study of the occasional flooding in this area and produced an in -house designed solution that has been approved by SJRWMD. Part of the design is providing a baffle box treatment system for the stormwater discharging from the subdivision before it enters the drainage canal north of the Cemetery. The existing drainage does not provide any stormwater treatment as it crosses Geneva Street and discharges directly into the canal. The Stormwater Division reviewed baffle box designs from several vendors, each with a proprietary design that address a specific need in a specific situation. This review process also involved field inspections of existing baffle systems used by other municipalities and their level of product satisfaction. Following a thorough review, it was determined that Suntree Technologies' baffle box design met the project requirements to collect debris, separate nutrients and skim oils from the water. Suntree has a proven history of providing successful proprietary designs that are easily maintained and adhere to the NPDES requirements by the EPA. Public Works is requesting the Commission approve the purchase of the baffle box system from Suntree in order to expedite the construction process. The installation and additional drainage improvements will be contracted out under a competitive bidding process. Public Works recommends awarding a purchase order to Suntree Technologies, Inc. for the proprietary 8' x 8.5' x 14' baffle box for a total delivered cost of $42,070.00. The $42,070.00 is adequately funded in the Stormwater Division's CIP budget for the drainage improvements. City Commission Regular November 16, 2010 3. Approval of City of Ocoee v. Irwin Family Partnership, et al.: Parcels 105 and 802 - Mediated Settlement. (Assistant City Attorney Solik) Parcels 105 and 802 are part of the Maguire Road Phase V Project. Parcel 105 is a strip taking along the east side of Maguire Road. Parcel 802 is a drainage easement on the property. Approval of the Mediated Settlement Agreement will require the payment of $182,500.00 by the City. G. FIRST READING OF ORDINANCE 4. First Reading of Ordinance Creating a New Chapter 45 of the Code of Ordinances of the City of Ocoee Relating to Trees on Private Residential Properties within the City. (Second Reading and Public Hearing is scheduled for December 7, 2010, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) Following a number of discussions with the City Commission, staff has prepared an ordinance that implements a tree protection program for existing single - family properties. The creation of Chapter 45 essentially fills a void with respect to tree removal for existing single- family properties. Exhibit A to the ordinance provides for (i) a minimum number of three (3) trees with no standard for location, (ii) provides for five (5) exemptions; (iii) provides an appeal process; (iv) provides standards for tree maintenance. H. PUBLIC HEARINGS - SECOND READING OF ORDINANCES 5. Villages of Wesmere. (Rezoning Ordinance - Advertised in the Orlando Sentinel on Thursday, November 4, 2010). (City Planner Rumer) The Villages of Wesmere townhome development was approved by the City Commission in 2006. The development was approved for 369 townhome units on 49.48 acres at a density of 7.46 units per acre. Since the approval, demand has fallen considerably for townhome units and only a handful of the approved units have been constructed in the southern half of the development. Recently the City received a request to rezone the northern portion of the development, approximately 40.60 acres to PUD (Planned Unit Development) to allow the construction of 178 single - family detached units in place of a portion of the approved townhome units. a. Planned Unit Development Rezoning Ordinance b. Land Use Plan c. Development Agreement (Not a Public Hearing) 6. Fountains West Planned Unit Development. (Rezoning Ordinance and Substantial Amendment to PUD - Advertised in the Orlando Sentinel on Thursday, November 4, 2010). (City Planner Rumer) The Fountains West PUD was approved by the City Commission on December 19, 2006. The PUD was approved with a total of 8 lots. The PUD is the site of a commercial shopping center containing a Publix grocery store and two banks that are situated on outparcels. The remaining lots are currently undeveloped. The applicant is requesting a Substantial Amendment to remove Lot 7 from the boundaries of the PUD. The applicant intends to include the boundaries of Lot 7 in a new three lot commercial subdivision that will be developed at the southeast corner of the intersection of Ocoee - Apopka Road and West Road. Per the Land Development Code, a Substantial Amendment to a PUD is required when the Conditions of Approval to the accompanying Development Agreement are required to be modified. Several of the Conditions of Approval refer to Lot 7, thus the need for the Substantial Amendment. a. Substantial Amendment to the PUD b. First Amendment to the Development Agreement (Not a Public Hearing) c. Rezoning Ordinance Page 2 of 4 City Commission Regular November 16, 2010 I. PUBLIC HEARINGS 7. West Road Commercial Subdivision — Preliminary /Final Subdivision Plan. (Advertised in the Orlando Sentinel on Thursday, November 4, 2010). (City Planner Rumer) The Preliminary/Final Subdivision Plan for the West Road Commercial Subdivision proposes the construction of infrastructure for a three lot commercial subdivision. The total acreage is 9.3 acres. Lot 1 is proposed at 2.12 acres and has frontage along West Road and Ocoee - Apopka Road. A Walgreens drug store is proposed for construction on Lot 1. The Walgreens is a Small -Scale site plan and is currently being reviewed by staff. Since it is a Small -Scale Site Plan, it is not required to be presented to the Planning & Zoning Commission or City Commission for final approval. Lot 2 is proposed at 1.02 acres, and Lot 3 is proposed at 1.07 acres. Lots 2 and 3 have frontage along Ocoee - Apopka Road. The subdivision will be accessed via a full access point adjacent to the southernmost portion of the development on Ocoee - Apopka Road. Additionally, a right - in/right -out between Lots 1 and 2 on Ocoee - Apopka Road, and a right - in/right -out on the easternmost portion of Lot 1 on West Road will be provided for access. A cross - access easement will be provided across all three lots. Stormwater will be contained within a master stormwater pond. 8. Approval of Resolution for Water and Sewer System Refunding Revenue Note, Series 2010. (Advertised in the Orlando Sentinel on Thursday, November 4, 2010). (Finance Director Horton) The City currently has outstanding $2,025,000 of the Water and Sewer Revenue Bonds, Series 1997. These bonds have interest rates ranging from 5.20% to 5.625% maturing annually through October 1, 2016. City Staff and the City's Financial Advisor ( "First Southwest ") have continued to monitor the Series 1997 bonds for potential savings through refinancing, and based on current market rates these bonds are attractive refinancing candidates. Staff recommends the Commission approve the resolution authorizing a) the refunding of the Water and Sewer System Refunding Revenue Note — Series 2008 (up to $2,200,000), b) the Mayor and the City Manager to lock in debt service saving once the target threshold has been achieved, and c) the Mayor and staff to execute all documents necessary to complete the transaction. J. REGULAR AGENDA 9. Classic Smiles. (City Planner Rumer) The applicant has submitted a Small -Scale Site Plan in order to permit a dentist office with an associated commercial office space that will be available for lease. Since this site plan is Small - Scale, it is being reviewed by staff administratively and is not required to be presented to the City Commission for final approval. The applicant has requested four waivers from the provisions of the Land Development Code to assist in project design. These waivers can only be approved by the City Commission. a. Waivers b. Development and Easement Agreement 10. Resolution Supporting Repeal of Portions of Senate Bill 550 Relating to Septic Tanks and Septic Tank Service Mandates in Certain Areas of the State of Florida. (Mayor Vandergrift) Senate Bill 550 became effective on June 4, 2010, which law directs the Florida Department of Health to create and administer a state -wide five -year cycle septic tank evaluation program. Ocoee residents with septic tanks could be forced to have their septic tanks inspected and periodically pumped out at a minimum of every five years with all costs of such inspections and pump -outs borne by the property owner. Additionally, the Bill calls for the replacement of entire septic tank systems, including drain fields, if the systems do not meet an established state -wide standard, regardless of whether it is functioning satisfactorily or not, and whether or not it poses a threat the public health or safety. Page 3 of 4 City Commission Regular November 16, 2010 K. STAFF ACTION ITEMS L. COMMENTS FROM COMMISSIONERS 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 of 4