HomeMy WebLinkAbout09-17-13 AgendaOCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee. Florida
September 17, 2013 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
Proclamations — September 2013. (Mayor Vandergrift)
➢ Diaper Need Awareness Week — September 8th_14th
➢ Hispanic Heritage Day — Fiesta De Colores Celebration — September 14
Presentation to Recognize Commissioner Wilsen for Being a Part of the League's
Tri- County Advocacy Team Pilot Project — Kathy Till, President of Advocacy
Consultant for Florida League of Cities, Inc.
Presentation on Central Florida Water Initiative (CFWI) - Nancy Christman, the
Intergovernmental Coordinator for St. Johns River Water Management District
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATTERS L1STF,D UNDF,R THE CONSENT AGENDA ART; 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 CI'T'Y 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 August 20,
2013, and Budget Workshop Meetings Held August 14, 2013, and August 28,
2013. (City Clerk Eikenberry)
2. Appointment to the Human Relations Diversity Board. (City Clerk Eikenberry)
Members of the Human Relations Diversity Board serve three -year terms. Currently the Human
Relations Diversity Board has thirteen (13) members and their resolution allows no less than seven (7)
members and no more than thirteen (13) members. Due to the resignation of Gwendolyn King, there is
one (1) vacant position available.
We do currently have one application on file from Harendra Singh with an interest in serving on the
board.
Regular City Commission
September 17, 2013
3. Appointment to the Code Enforcement Board. (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.
There are currently two (2) alternate member positions open. An Application has been received from
Michael Hopper who has shown an interest on being appointed to the Code Enforcement Board for a
term ending June 2016. Mr. Hopper previously served on the board for three (3) terms. There are no
other applications on file to fill the board opening.
4. Authorization for Use of County Solid Waste Management System. (Public
Works Director Krug)
The City has historically utilized the County solid waste management system to dispose of residential
and commercial solid waste. The interlocal agreement between the City and Orange County expired in
September, 2011. On October 18, 2011, the City Commission ratified a letter of intent from the
County to continue to receive County solid waste management services under the terms of the expired
interlocal agreement until a new agreement was reached. The County Commission since elected to
take a step back and re- evaluated their rate structure ultimately lowering the tipping fees to the City's
benefit.
Due to the County's prolonged rate evaluation process, the City is still negotiating a new contract. The
City Commission previously authorized use of the County solid waste management system through
September 30, 2013. While interlocal agreement negotiations continue, Public Works seeks City
Commission authorization to continue to use the County solid waste management system to dispose of
residential and commercial solid waste until a new agreement is reached or April 30, 2014.
5. Approval of Motor Fuels — Tank Wagon Deliveries. (Public Works Director
Krug)
The City is a member of the Central Florida Purchasing Cooperative where Orange County is the lead
agency in solicitations that can benefit multiple municipalities. The City approved utilizing this
purchasing power for petroleum products on May 1, 2012, for bulk transport loads delivered to the
Public Works complex and tank wagon loads delivered to remote sites throughout the City. The
vendor providing the tank wagon load deliveries has changed and Public Works is requesting
Commission approval to utilize the new contract with Atlas Oil Company for as long as the contract
remains valid.
6. Award of RFQ #1302 Continuing Professional Engineering Services for
Instrumentation, Control and Electrical Design and Planning Services.
(Purchasing Agent Tolbert)
In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section
287.055 and Chapter 21 of the City's Code of Ordinances, the City solicited statements of
qualifications from professional engineering firms or individuals that are interested in providing
engineering services for the planning and design of water, wastewater and reclaimed water facilities
which shall include industrial -type low and medium voltage AC and DC distribution systems,
equipment and devices; and the planning, design, programming and troubleshooting of supervisory
control and data acquisition (SCADA) software and Programmable Logic Controllers (PLC); and
integration of emerging technologies. The continuing contract shall have an initial three (3) year period
with two automatic one -year renewable extensions, for a maximum of five (5) total years, unless
otherwise terminated by either party, in writing, giving thirty (30) days' notice. In addition, the
selected firm shall be eligible to provide other professional services to the City that are not covered in
this RFQ during the contract period.
Staff recommends that the City Commission award RFQ 41302 Continuing Professional Engineering
Services for Instrumentation, Control, and Electrical Design and Planning services to McKim & Creed
Inc. as budgeted each fiscal year; approximately $60,000 for consulting services for SCADA /PLC
upgrades in the current fiscal year, and anticipate approximately $25,000 each additional fiscal year.
2111age
Regular City Commission
September 17, 2013
7. Approval of Resolution to Specifically Designate Certain Subdivisions as Golf
Cart Communities. (Police Chief Brown)
The City has in place an ordinance authorizing the use of golf carts (the "Golf Cart Ordinance ") within
certain communities and streets pursuant to the provisions of Article III of Chapter 153 of the Ocoee
City Code. The purpose of this Resolution is to specifically designate the following subdivisions as
Golf Cart Communities as defined in the Golf Cart Ordinance: Orchard Park, Prairie Lake, Windstone,
Remington Oaks, Westchester and Saw Mill. Public Works will install road signs and a map will be
posted on the City's website in order to inform the public of the boundaries. Shuffield Lowman has
reviewed this resolution.
8. Approval to Modify the Maintenance Contract with CenturyLink for
Maintenance of the City's Telephone System in Order to Correct the Price of a
One -year Agreement, which will go from $20,012.49 to $20,834.49. (Support
Services Director Butler)
The City Commission approved an emergency agenda item at its July 16, 2013 to approve a new one -
year maintenance agreement between the City and CenturyLink to provide hardware and software
maintenance of the city's telephone system.
This agreement was the subject of an emergency action due to the expiration of the software
maintenance agreement, which is a third -party service provided under an agreement between the
manufacturer of the city's PBX, CenturyLink, and the City. The agreement had expired due to the
amount of time required for CenturyLink to get an accurate inventory of city telephone facilities. The
cost of the desired service was proposed to be $20,012.49 per year, or $1,667.71 per month. When the
first month's invoice for the maintenance service was calculated by CenturyLink, a discrepancy was
discovered. That difference is the result of the original price quote not including the full cost of
service at those additional locations identified by the City for 24 hour service seven days a week. The
actual annual cost should be $20,834.49, or $1,736.21 per month. This is a difference of $822 over the
one -year term of the agreement.
G. FIRST READING OF ORDINANCES
9. Garcia (424 3 r d Street). (,Second Reading and Public Hearing scheduled for October 1, 2013,
Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer)
The subject property is located on the west side of 3rd Street and approximately 170 feet north of the
intersection of 3rd Street and E Silver Star Rd.
a. Annexation Ordinance
b. Rezoning Ordinance
10. Medina (538 V Street). (Second Reading and Public Hearing scheduled for October 1, 2013,
Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer)
The subject property is located on the west side of l st Street and approximately 120 feet south of the
intersection of Center St. and l" Street.
a. Annexation Ordinance
b. Rezoning Ordinance
11. Barkeritaville. (Second Reading and Public Hearing scheduled fbr October 15, 2013, Regular
Commission Meeting at 7:15 p. In. or soon thereafter). (City Planner Rumer)
The subject property is located on the east side of Tomyn Boulevard, approximately 1,230 feet north of
the intersection of Roberson Road and Windermere/ Tomyn Boulevard.
a. Annexation Ordinance
b. Rezoning Ordinance
c. Small Scale Comprehensive Plan Amendment
31Pa e
Regular City Commission
September 17, 2013
12. Strickland LLC (301 W Silver Star Road). (Second Reading and Public Hearing scheduled
for October 1, 2013, Regular Commission Meeting at 7:15 p. in. or soon thereafter). (City Planner
Rumer)
The subject property is located on the north side of W Silver Star Road, east of the intersection of
Ocoee Apopka Road and W Silver Star Road.
a. Annexation Ordinance
b. Rezoning Ordinance
13. First Reading - Ordinance Amending Chapter 136 Sexual Offenders and Sexual
Predators. (Second Reading and Public Hearing scheduled for October 1, 2013, Regular
Commission Meeting at 7:15 p. in. or soon thereafter). (Police Chief Brown)
Chapter 136 of the City Code promotes, protects and improves the health, safety and welfare of the
citizens of the City by creating areas around locations where minors regularly congregate in
concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from
establishing temporary or permanent residence; and defines the period of time of temporary and
permanent residences.
The Ocoee Police Department recommends amending Chapter 136 of the Code related to Sexual
Offenders and Sexual Predators to include a definition of transient resident as provided in the Florida
Statutes; and amending the Code to be consistent with references to related provisions of the Florida
Statutes by amending the definitions of permanent, temporary and transient residences, currently
defined as a period of 14 days, to a period of 5 days.
H. SECOND READING OF ORDINANCES — PUBLIC HEARINGS
14. Second Reading of Ordinance for Arbours at Crown Point PUD. (Advertised in the
Orlando Sentinel on Thursday, September 5, 2013). (City Planner Rumer)
The subject property is located on the north side of West Road and west of SR 429. It is approximately
28.1 acres in size, and is currently vacant except for an abandoned agricultural structure. The subject
property is located adjacent to the West Orange Trail on the east with a 73 foot power line easement
located along the eastern property line. Pedestrian access to the West Orange Trail is being provided
on the northern property line with a vehicular crossing located on the eastern property line subject to
Orange County approval.
The applicant is proposing to rezone the property from 1 -1 (Light Industrial) to Planned Unit
Development (PUD) for the purpose of developing a mixed use community that combines 192 multi-
family apartments with future light industrial uses. Access is proposed via an existing entrance off
West Road. An internal road dedicated to the public will be provided in the PUD Land Use Plan.
a. Rezoning to PUD /Land Use Plan.
b. Development Agreement (not a public hearing)
15. Second Reading of Proposed Ordinance Amending the City of Ocoee Municipal
General Employees' Retirement Trust Fund. (Advertised in the Orlando Sentinel on
Thursday; September 5, 2013). (General Employees' Retirement Board Chairman
Wagner)
Attorney H. Lee Dehner outlines amendments which are required to be made to the General
Employees' Trust Fund Ordinance to conform to Federal Internal Revenue Code changes. These
changes are mandatory to ensure the Plan's tax qualified status. Additionally, there are some actuarial
modifications proposed. None of these changes are anticipated to have any financial costs to the City.
16. Second Reading of Proposed Ordinances Amending the Police Officers' &
Firefighters' Retirement Trust Fund. (Advertised in the Orlando Sentinel on Thursday,
September 5, 2013). (Police Officers' & Firefighters' Retirement Board Chairman
Brown)
a. Internal Revenue Code (IRC) Changes
4 1Page
Regular City Commission
September 17, 2013
Amendment to the Police and Fire Pension Ordinance Section 1, Definitions to amend the definitions
of Credited Service, Section 4, finances and Fund Management, and Section 15, Maximum Pension, to
comply with recent changes to the Internal Revenue Code (IRC) relating to tax qualified pension plans
such as this plan. These amendments clarify language required by the IRC and are mandatory
amendments that must be made by September 30, 2013 to ensure the continuation of the plan's tax
qualified status. With these additional changes, the pension plan will comply with all required
applicable IRC changes and updates.
b. Collective Bargaining Agreements (CBA) Changes
Amendment to the Police Officers' and Firefighters' Pension Ordinance to include the following
changes:
- Amending the definition of Salary to comply with the regulations set forth in Senate Bill 1128
regulating the calculation of overtime hours to 300 per calendar year, and unused paid time off at final
compensation.
- Increase the Members Contribution rate from 7.6% to 8.0 %, effective September 17, 2013.
-City shall make quarterly contributions to the Fund in an amount equal to the required City
contribution, as shown by applicable actuarial valuation of the system, but in any event, not less than
12% of the payroll of the bargaining members
- Implementing a maximum accrued benefit cap equal to 91% of Average Final Compensation for all
Members hired on after October 1, 2012.
- Amending the DROP (Deferred Retirement Option Plan) provision for Members who enter DROP on
or after October 1, 2012, to reduce the fixed interest accrual from 6.5% to 2.0% per year compounded
monthly.
17. Second Reading of Ordinance to Amend Chapter 54 of the Code of Ordinances
of the City of Ocoee to Authorize the City Manager or his Designee to Assign
Addresses to Properties and Improvements within the City Limits. (Advertised in the
Orlando Sentinel on Thursday, September 5, 2013). (Support Services Director Butler)
As currently enacted, Chapter 54 of the City Code designates the Building Official as the person with
the responsibility to assign address numbers to principle structures (buildings) within the city limits.
With the creation of the Support Services Department and other personnel changes, the city needs
flexibility in assigning the responsibility for this duty. Accordingly, staff has developed a set of minor
modifications to the current chapter to allow the City Manager to designate the person or
organizational unit most suitable for the task, making appropriate changes in such designation as the
situation warrants.
In addition to providing flexibility in the assignment of the addressing responsibility, the proposed
amendments clarify the ordinance to indicate that addresses may be assigned to separately identifiable
parts of a single structure, such as in the case of a shopping center with multiple tenant spaces
separated by fire walls, and to individual subdivision lots so as to better manage the development
review and building permit processes.
18. Second Reading of Ordinance to Amend Chapter 108 of the Code of Ordinances
of the City of Ocoee to Authorize the City Manager or his Designee as the
Enforcement Officer to Carry Out the Functions of Enforcing Minimum
Standards for Residential and Commercial Properties within the City Limits.
(Advertised in the Orlando Sentinel on Thursday, September 5, 2013). (Support Services
Director Butler)
As currently enacted, Chapter 108 of the City Code designates the Building and Zoning Official as the
person with the responsibility to enforce the Minimum Standards Codes of the City. With the creation
of the Support Services Department and other personnel changes, the city needs flexibility in assigning
the responsibility for this duty. Accordingly, staff has developed a set of minor modifications to the
current chapter to allow the City Manager to designate the person most suitable to serve as the
Enforcement Officer, making appropriate changes in such designation as the situation warrants.
Responsibilities that continue to be appropriate for the Building Official and /or the Code Enforcement
Board, such as determining whether a structure should be condemned as being unfit for human
occupation, remain assigned to those persons.
5 1Pagc
Regular City Commission
September 17, 2013
In addition to providing flexibility in assigning the Enforcement Officer position, the proposed
amendments modify the title of Building and Zoning Official to Building Official in order to correctly
reference the scope of the position today, with zoning responsibilities being assigned to the Planning
Division. The amendments also bring the language into line with the current edition of the Florida
Building Code relative to the classification system for levels of alteration recognized in the Code.
I. PUBLIC HEARINGS
19. Westyn Bay — PSP /SP & Development Agreement Amendment. (Advertised in the
Orlando Sentinel on Thursday, September 5, 2013). (City Planner Rumer)
The subject subdivision is zoned R -IAA (Single- family Dwelling) and is located on the north side of
Ocoee Crown Point Parkway. The Westyn Bay Subdivision encompasses +/- 376 acres, for phases 1 -3,
and +/- 40 acres for phases 4 and 5. The final site plan for phases 1-3 was approved by the city
commission on May 7, 2002, under the name West Groves. The approved subdivision plan provides a
condition of approval that is consistent with the Development Agreement for West Groves dated June
5, 2001.
Per the letter requesting the change in the requirements of the subdivision, the Westyn Bay Community
Association, Inc., is requesting the following:
a. Proposed deletion of condition #22 (easement)
The easement provides pedestrian access through and over the private internal roads of Westyn Bay
from the neighboring subdivision called The Vineyards. The easement restricts access to the time in
which public schools are open for use by students (90 minutes before and 90 minutes after school). At
all other times, there is no easement for access. The easement does not permit access to any facilities
within the Westyn Bay subdivision.
b. Proposed deletion of condition #37 (street trees)
Condition 37 is a reiteration of Ocoee Land Development Code Article 6, Section 6 -10. A street tree
shall be provided in front of each single - family lot (2 trees on corner lots, with one on each street),
prior to the issuance of a certificate of occupancy for the house constructed on the lot. Each street tree
shall be a minimum of 2" DBH and 10' tall at the time of planting.
J. REGULAR AGENDA
20. Approval of Brynmar Phase 2 Waivers. (Principal Planner Fabre)
The Brynmar residential subdivision is located on the southeast corner of Ingram Road and
McCormick Road. The Applicant /Developer (Richmond American Homes) is requesting rear building
setback waivers for certain lots in the Brynmar FSP Phase 2. The required minimum rear building
setback for R -IAA zoning is 30 -feet as set forth on Table 5 -2 of the City of Ocoee Land Development
Code. The Applicant /Developer is proposing a 25 -feet minimum rear building setback on interior Lots
84 -95 and a 24 -feet minimum rear building setback on Lots 34-4] (Lots 70 -77 on the "Plat "). Lots 34-
41 are located on the southern part of the subdivision and are 110 feet deep as opposed to the rest of
the subdivision which are at least 115 feet in depth. As a result, the requested waivers will be for a 6'
reduction only on the southernmost lots and a 5' reduction on the interior lots consistent with the
previous waiver approval that was granted on January 15, 2013, for Phase 1.
The Applicant is requesting this waiver in order to provide a wider range of home products for
potential home buyers. It should be noted that the Applicant was not the original developer of the
subdivision and that their home products varied from the original home builder's products. For that
reason, adhering to the rear building setback requirements with the depth of the existing lots proved to
be problematic for the current Applicant /Developer. The engineer of record has also submitted
documentation to the City's Development Services Department that states that the increase of potential
buildable square footage should not adversely affect the subdivision stormwater drainage system.
21. Adopt a Formal Name for the New Community Center Complex and the
Language for the Building's Dedication Plaque. (Support Services Director
Butler)
The new Community Center is nearing completion. Two items need to be settled in order for the
marketing program to be developed. First, we need a naming system for the new building and the
61Page
Regular City Commission
September 17, 2013
collection of facilities we want to market under a shared name. Second, we need to notify the
Contractor of the language to use for the l 8 "x24" bronze dedication plaque, which goes in the interior
entrance to the new building. These items are related in that the plaque would include the facility
name.
22. Resolution Amending and Replacing Resolution No. 2011 -011 Providing a Fee
Structure for the Ocoee Parks and Recreation Department for Participation in
Recreation Programs, Classes, Activities, and Events; Rental of City Facilities;
Memberships; and Usage Fees. (Parks and Recreation Director Hayes)
The Parks and Recreation Department has completed a review of all fees for parks, facilities, programs
and memberships and is recommending adjustments to several of the fees. These fees were last
amended in October of 2011. 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 on July 15, 2013 and recommended the fee schedule to the City Manager for consideration.
In addition to the fees that are identified in Schedule -A, the Parks and Recreation Department is also
proposing fee schedules for the rental of the Lakeshore Center (Schedule -B) and for the rental of the
Withers - Maguire House (Schedule -C).
These fees would become effective September 18, 2013, with the exception of the Before School
Program and the After School Program which will become effective October 18, 2013.
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.
711)aoe