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HomeMy WebLinkAbout04-05-11 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida April 5, 2011 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 of Check by Tom Hendrix with H.M. Bowness Trust to the Ocoee Fire Department to Purchase an EMS Cart Proclamation — Water Conservation Month — April 2011. (Mayor Vandergrift) 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 SEPARATELY. 1. Approval of Minutes for the Regular Commission Meeting Held March 15, 2011. (City Clerk Eikenberry) 2. Appointment to the Parks and Recreation Advisory Board. (City Clerk Eikenberry) Members of the Parks and Recreation Advisory Board serve two -year terms. Currently the board has seven (7) members. The Resolution provides that the Parks and Recreation Advisory Board membership shall consist of nine (9) members. One application was on file for the Parks and Recreation Advisory Board; therefore staff recommends the City Commission consider appointing Brett Epps to the Parks and Recreation Advisory Board with a term ending October 2013. 3. Approval to Move a Member to the Alternate Member Position and Move an Alternate Member to Regular Member Position. (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 fines 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. At the request of Member Sais, Chairman Godek recommends that Member Sais be made an alternate member. Chairman Godek is also recommending moving up Alternate Member Amey to the regular member position (as the replacement for Member Sais). City Commission Regular April 5, 2011 4. Approval of Peach Lake Manor Drainage Improvements — Singhofen & Associates, Inc. Change Order No. 1. (Public Works Director Krug) The Peach Lake Manor Drainage Improvements project is a storm water retro -fit project designed to reduce the amount of debris entering water bodies through a treatment process. This project area has very few proactive stormwater controls for run -off, and has required close cooperation with the St. Johns River Water Management District (SJRWMD) to design an effective system. This cooperative effort with SJRWMD has required several design iterations and pond configurations to produce an effective system that can also be permitted. This effort expanded the design scope beyond the original scope of services requiring additional work on SAI's behalf to produce a constructible set of plans that meet permit requirements. This additional work will be a cost estimate in the amount of $30,710.00. Public Works recommends approval. 5. Award of Bid for the City Hall Campus Improvements Project and Budget Authorization to Atlantic Civil Construction Corporation. (CIP Manager Butler) Proposals were solicited from six prequalified firms for the required work categories (concrete, asphalt, and underground utilities) with the expectation that the price proposals would be less than $200,000. Six firms were prequalified in the three required work types. The lowest proposal of $311,220.75 for all the work was received from Atlantic Civil Construction Corp. Staff recommends that the City Commission award the project to Atlantic Civil Construction Corp. in the amount of $311,220.75 plus the cost of a state - required payment and performance bond for the amount of the work (approximately $9,336.62). 6. Approval of Declaration of Surplus Property. (Purchasing Agent Tolbert) Staff requests the City Commission to declare the listed items as surplus property to be disposed of in the methods proposed by Staff: Public Auction, trade -in, and donation to other non -profit & government organizations. G. FIRST READING OF ORDINANCES 7. 529 Ocoee Apopka Road. (Second Reading and Public Hearing is scheduled for April 19, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre) On March 17, 2009, the City of Ocoee City Commission reviewed and approved the Annexation for the subject property with an Initial Zoning designation of "C -1" for the northern parcel. The northern parcel already was designated with a Future Land Use of "Commercial" but the southern parcel needed a small -scale Comprehensive Plan Amendment in order to have an initial commercial zoning designation. At the time of approval, 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 "). On December 13, 2010, the DCA determined that the adopted EAR was sufficient, pursuant to Section 163.3191(2), Florida Statutes. Therefore, the City of Ocoee can now adopt small -scale comprehensive plan amendments. a. Small Scale Comprehensive Plan Amendment b. Rezoning Ordinance 8. West Property — Rezoning Ordinance. (Second Reading and Public Hearing is scheduled for April 19, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) A small -scale Comprehensive Plan Amendment from Low Density Residential (LDR) to Light Industrial was approved by the City Commission on October 5, 2010, and forwarded to the State Department of Community Affairs (DCA). DCA provided a letter on November 2, 2010, accepting the amendment without review. The proposed rezoning designation of I -1 is consistent with the Light Industrial land use designation. A pre - annexation agreement is in effect for the subject property which provides a list of prohibited uses and sets requirements for architectural details. 2 City Commission Regular April 5, 2011 H. SECOND READING OF ORDINANCE - PUBLIC HEARING 9. Second Reading of Ordinance Imposing a Temporary Moratorium on the Opening of any New Pain Management Clinic (PMC) and on the Relocation or Expansion of Existing PMC; and Establishing other Regulations on PMC as are necessary for the Public Health, Safety, and Welfare. (Advertised in the Orlando Sentinel on Thursday, March 24, 2011) (Deputy Police Chief Goclon) Several counties and municipalities in Florida have established moratoria on new Pain Management Clinics (PMC) to help curb the immediate deleterious consequences of these clinics including illegal drug trafficking, the illegal purchase and sale of prescription pain medication, loitering and other criminal behavior in and around such clinics, the diversion of prescription drugs for unlawful and dangerous uses, and an alarming increase in deaths related to and caused by prescription drug abuse. The proposed Ordinance would impose a moratorium on the opening of new pain management clinics and on the expansion or relocation of existing pain management clinics. The moratorium would be effective commencing on April 15, 2011, and ending on April 15, 2012, unless sooner terminated. The Ordinance would also prohibit pain management clinics from operating on a cash -only basis. Additionally, it would be made unlawful for a pain management clinic to operate between the hours of 8:00 pm and 8:00 am. A violation of the Ordinance would be a municipal code violation. Section 1- 12 of the Code provides that a violation of the Code is punishable by a fine not to exceed $1,000 or imprisonment not to exceed 1 year, or both fine and imprisonment. I. REGULAR AGENDA 10. Approval of Code Enforcement Reduction of Fine/Lien of $23,437.28 to $5,750.00 for Gamelz Cinevert and Loudgere Delcy - Cinevert c/o Deutsche Bank National Trust Company — Located at 2261 Laurel Blossom Circle. (Deputy Fire Chief Stanley) This property was cited on April 5, 2010, for a violation for excessive weeds and grass growth. On May 25, 2010, the Code Enforcement Board issued an order to comply by May 28, 2010, or be fined $100.00 per day. On January 01, 2011, the property came into compliance with the City. Mr. Kelly Bruce from Native Floridian Realty Inc. representing Deutsche Bank National Trust Co. is requesting a reduction of fine /lien of $22,700.00 plus administrative cost of $727.28 totaling $23,437.28, since they did not take control over the property until December 14, 2010, as per Mr. Bruce's testimony. On March 22, 2011, the Code Enforcement Board considered the request for a lien reduction and recommends reducing the total fine lien to $5,750.00. 11. Discussion and Direction Regarding Windermere Groves Subdivision — Transfer of Roads for Ownership and Maintenance. (Public Works Director Krug) The Windermere Groves Subdivision is unique in that the road right of way is privately maintained by the Homeowners Association (HOA), yet is open to general access by the public with no access limiting gates. The initial plat filed for the subdivision as Plantation Groves West showed the roads to be public access and was constructed accordingly, however in the fmal platted version; the roads were identified in Tract B as "private roadway with an ingress /egress easement and utility easement dedicated to the City". The HOA has formally requested the City take over maintenance of the streets, roadways and sidewalks within the subdivision since they are open to unimpeded public access. The City has investigated the condition of the infrastructure and found it to be structurally sound. Prior to proceeding with the transfer agreement, the HOA will need to expend considerable funds to hire legal counsel and a surveyor for title work to "less out" the entrance medians on Winshire Blvd, as well as performing several legal actions pursuant to execute a fee simple transfer of title to the City. The HOA is requesting Commission consensus on transferring the ownership and maintenance to the City prior to their expending the funds on the required professional services. 3 City Commission Regular April 5, 2011 12. Election of Mayor Pro Tem. (City Clerk Eikenberry) Section C -9 of the Ocoee City Charter states: ... The Mayor pro tem shall be elected from among the Commissioners by the City Commission but shall continue to represent the district in which such Commissioner resides. The Mayor pro tem shall be elected at the first City Commission meeting following the swearing in of the candidates elected at each general city election (unless there is a runoff election, in which case the Mayor pro tem shall be elected at the first City Commission meeting following the swearing in of the candidates elected at such runoff election) and shall serve as Mayor pro tem until the successor is elected. On March 20, 2007, the Commission created a policy to elect the Mayor Pro Tem annually, even in non - election years, by rotating down through the seniority list, beginning with Commissioner Johnson for the term of March 2007 -2008. 13. Appointment of Commission Liaisons to Various Boards. (City Clerk Eikenberry) Each year in March, the Commission reviews the Liaisons Appointments to various boards and makes changes, if needed. J. STAFF ACTION ITEMS K. 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. 4