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Home My WebLink About10-01-13 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida October 1, 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 — October 2013. (Mayor Vandergrift) ➢ International Walk to School Day — October 9, 2013 ➢ Put the Brakes on Fatalities Day — October 10, 2013 C. COMMENTS FROM CITIZENS /PUBLIC D. STAFF REPORTS AND AGENDA REVIEW E. COMMISSIONERS ANNOUNCEMENTS F. CONSENT AGENDA ALL MATTERS LISTED UNDER TILE 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 T] IF, CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes for the Special Meeting Fire Assessment Final Resolution Held on September 5, 2013, and Regular Commission Meeting Held September 17, 2013. (City Clerk Eikenberry) 2. Reappointments to the Violations Hearing Board (VHB). (City Clerk Eikenberry) Ocoee Police Infraction Hearing Board was established May 15, 2007, by Ordinance No. 2007 -007. City Staff had determined that it would be beneficial to amend the Code to provide for a new Chapter 16 — Violations, in order to have all of the procedures related to certain code violations in one chapter of the Code of Ordinances. On March 5, 2013, the Police Infractions Board was renamed to the Violations Board and Article 111, Chapter 168 was deleted. In addition to hearing matters related to certain traffic infractions, the Violations Board hears cases related to violations of the following code provisions: Bowfishing, Cemeteries, Noise, Golf Carts on Public Property, Parks and Recreation, Alcoholic Beverages and Abandoned Property. The Violations Hearing Board consists of seven (7) members of which two must be members of the Citizens Advisory Council of the Ocoee Police Department (the "CACOPD "). Additional members of the Violations Hearing Board may also be members of the CACOPD. All members of the Violations Hearing Board must be residents of the City of Ocoee, own real property in Ocoee, or be an owner of a businesses located in Ocoee. The two members appointed from among the membership of the CACOPD were David Ball and Jerry Zielinski; Member Laney was appointed by the Mayor while Member Lopez - Anderson was appointed by Commissioner Wilsen. All members have declared interest in serving another 2 -year term. Regular City Commission October 1, 2013 3. Reappointments to the Parks and Recreation Board. (City Clerk Eikenberry) Members of the Parks and Recreation Advisory Board serve two -year terms. The Ordinance provides that the Parks and Recreation Advisory Board membership shall consist of nine (9) members and whenever possible, appointments to the Board may include one member from each of the following organizations: Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior Citizens Association. Currently the board has nine (9) members and no applications on file. The two -year terms of Gordon Applegate, Mary Barber, Sylvester (Ves) Baxter, Jr. and Laura Gleason end October 1, 2013. Members Applegate and Barber have indicated they are willing to serve another two -year term, if reappointed. Members Baxter and Gleason have both declined reappointment. 4. Approval of Two -Year Warranty Surety and Maintenance, Materials, and Workmanship Escrow Agreement with Standard Pacific Homes of Florida GP, Inc. for Arden Park South. (City Engineer Wheeler) Arden Park South is a 157 lot single family residential subdivision located on Clarcona -Ocoee Road between Ingram and Clarke Roads. The developer has completed construction of the infrastructure improvements and has requested a Certificate of Completion. The infrastructure improvements include the water, sanitary sewer, and reuse utilities, the streets and stormwater collection system, and the perimeter wall and fence. All identified punch list repairs have been completed and the developer is ready to start the two -year warranty period. As a requirement of the Land Development Code, the developer is required to furnish the City a surety to cover any possible damages discovered during the next two years, should the developer not choose to make those repairs. Standard Pacific Homes of Florida GP, Inc. has provided the City with a check in the amount of 10% of the constructed improvements. The Maintenance, Materials, and Workmanship Escrow Agreement (Form 8 from the Land Development Code) will act as the executable document between the developer and the City in the event that the surety is monetary. The surety will be returned to the developer upon completion of the two -year warranty period and the repair of any damages caused over that two year period. 5. Approval of Declaration of Surplus Property. (Purchasing Agent Tolbert) Staff used Gideon Auctioneers for the previous surplus sale. Staff requests the approval of the City Commission to contract George Gideon Auctioneers, Inc. for the public sale of the City's surplus property. This action will present the City with the opportunity of a larger coverage area and would alleviate the overtime costs incurred in conducting the auction in- house. The City has had good results in the past with Gideon, and found the dollar amount received for items sold by Gideon to be comparable to those sold by the City or EBay. Gideon performs governmental auctions the third Saturday of each month; therefore, the next available auction will be held on October 19, 2013, at 9:00 a.m. The auction will be advertised in the Orlando Sentinel, the West Orange Times, and the City's Internet site. 1G. SECOND READING OF ORDINANCES - PUBLIC HEARINGS 6. Garcia (424 3 r Street). (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. The subject parcel has one existing Single- Family Residence. The Applicant has requested annexation into the City limits for potable water connection. a. Annexation Ordinance. (Advertised in the Orlando Sentinel on Thursday, September 19, 2013, and September 26, 2013). b. Rezoning Ordinance. (Advertised in the Orlando Sentinel on Thursday, September 19, 2013). 2111agc Regular City Commission October 1, 2013 7. Medina (538 1" Street). (City Planner Rumer) The subject property is located on the west side of 1 st Street and approximately 120 feet south of the intersection of Center St. and 1" Street. The subject parcel has one existing Single- Family Residence. The Applicant has requested annexation into the City limits for potable water connection. a. Annexation Ordinance. (Advertised in the Orlando Sentinel on Thursday, September 19, 2013, and September 26, 2013). b. Rezoning Ordinance. (Advertised in the Orlando Sentinel on Thursday, September 19, 2013). 8. Strickland LLC (301 W Silver Star Road). (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. The property was previously used as a single- family residence. The Future Land Use classification for the entire property is "Commercial' current zoning classification is "R -1 A" Single- family. The Applicant has requested annexation into the City limits for potable water and sewer connection and zoning designation of C -2 (Commercial), which is consistent with the zoning of the properties to the north and south. a. Annexation Ordinance. (Advertised in the Orlando Sentinel on Thursday, September 19, 2013, and September 26, 2013). b. Rezoning Ordinance. (Advertised in the Orlando Sentinel on Thursday, September 19, 2013). c. Special Exception for Automobile Sales (New and Used) Use. (Advertised in the Orlando Sentinel on Thursday, September 19, 2013). 9. Second Reading - Ordinance Amending Chapter 136 Sexual Offenders and Sexual Predators. (Advertised in the Orlando Sentinel on Friday, September 20, 2013). (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. REGULAR AGENDA I. STAFF ACTION ITEMS J. 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. 3 1Page