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HomeMy WebLinkAbout02-18-14 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida February 18, 2014 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 Proclamation — Irish American Heritage Month - March 2014. (Mayor Vandergrift) Presentation of Completion Award to Commissioner John Grogan for Successfully Completing the Advanced Institute for Elected Municipal Officials held October 25- 26, 2013. (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. ]'HERE WILL BE NO SEPARATE DISCUSSION OF 'THESE ITEMS UNLESS DISCUSSION IS DESIRED 13Y A MEMBER OF ]'HE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL 13E CON SIDERED SEPARATELY. 1. Approval of Minutes for the Regular Commission Meeting Held February 4, 2014. (City Clerk Eikenberry) 2. Reappointments to the Community Grant Review Board. (City Clerk Eikenberry) Members of the Community Grant Review Board serve two -year terms. Three members have terms expiring March 2014, and only two wish to be reappointed. Jim Sills and Glenda Dunn have stated their interest in being reappointed for another term ending March 2016; however, Julie Butler declined reappointment, hence leaving one vacant position on the board. There are currently no applications on file of interested persons for this board. 3. Approval of Special Event Continuation of Farmers' Market 2014. (Building Official Washington) Jim Sills submitted a Special Event application requesting permission to continue the Farmers' Market under the direction of the Ocoee Lions Club in the downtown area, and temporary closing of McKey Street from the intersection of Bluford Avenue to Cumberland Avenue. The Special Event application does not indicate significant changes to the approval from 2013. The Lions Club stated the Farmers' Market has not created a negative impact on any City services and continues to provide service to many residents. The use of the barricades will still be needed to close McKey Street every Friday from 2pm -7pm in the winter months and 2pm -8pm in the summer months, including the occasional use of electricity from the power pole located on McKey Street. The Ocoee Lions Club and the local February 18, 2014 Regular City Commission vendors will remain responsible of the Farmer's Market. The city field located on Bluford Avenue between Oakland Avenue and McKey Street will continue as alternative parking. 4. Approval of Non - Design Related Services for the Roberson Road Improvement Project from Donald W. McIntosh Associates, Inc. in the Amount of $17,900. (City Engineer Wheeler) The City Commission approved the Annexation and Development Agreement for the Belmere Planned Development at the August 5, 2008, Commission meeting. As a part of that Agreement, the City agreed to have Unicorp, Inc., the developer, design, permit, and construct certain improvements to Roberson Road. Unicorp, Inc. was to employ their site civil engineer, Donald W. McIntosh Associates, Inc. (DWMA), to prepare the roadway improvement plans. The City would be responsible in securing any additional right -of -way and stormwater facilities as may be required. The additional lanes at the intersection with Maguire Road required a modification to the stormwater permit obtained for the Maguire Road widening project that was completed over ten years ago. Staff has worked with DWMA to design the road improvements to fit within the existing right -of -way with the exception of the sidewalk and utilities along the north side of the road. Staff, along with legal counsel have been in conversations with the five property owners along the northern side of Roberson Road. DWMA prepared sketches and descriptions for the sidewalk and utility easements and for temporary construction easements with the five property owners. The proposal from DWMA details the proposed work at a not to exceed amount of $17,900. The project is to be funded from the collection of the Road Impact Fees as spelled out in the Annexation and Development Agreement from the various phases of the development. The City has already collected Road Impact Fees from the CVS Pharmacy, commercial strip center, Day Care, and the Casa Mirella apartment complex that total $926,453. In accordance with the Annexation and Development Agreement, the City has already reimbursed Unicorp, Inc. for DWMA's design services. This project is not currently funded in the City's budget. 5. Approval of Sidewalk Easement on Lots 21 and 22 in the Brynmar Subdivision. (City Engineer Wheeler) Brynmar is a 95 lot single family residential subdivision located on McCormick Road and Ingram Road. There are two home builders in the subdivision — Beazer Homes Corp. and Richmond American Homes. Sidewalks along the frontage of the individual lots are installed as houses are constructed on those lots. The 5 foot wide sidewalks generally abut the edge of the road right -of -way. In instances where there are conflicts with fire hydrants or trees the sidewalks are moved towards or away from the road. The Brynmar subdivision is an ungated development and the City owns and maintains the road Right -of -way. Beazer Homes Corp. has discovered a conflict with a fire hydrant that cannot be remedied by moving the sidewalk towards the road and still maintain a safe distance from the back of curb. Therefore it is necessary to move the sidewalk behind the fire hydrant and partially in to the lot, which requires an easement for the sidewalk. Of the three instances where the sidewalk was moved in this development, this is the only one that moved the sidewalk into the lot and required the easement. The other option would be to move the fire hydrant, which could be an expensive solution and would require an easement to place it behind the sidewalk and into the property. 6. Approval of Old Winter Garden Road Stormwater Permit Modification in Conjunction with the FDOT Widening of SR 50. (City Engineer Wheeler) The Florida Department of Transportation (FDOT) is in the process of finalizing their plans for the widening of SR 50 to six travel lanes through Ocoee from the entrance to the West Oaks Mall to SR 429. The large undeveloped parcel in the Ocoee Commerce Center that abuts Bluford Avenue is to be one of the retention ponds for that road widening project. City staff has been working with FDOT and its consultant about joining the City's small dry pond into the larger FDOT pond. The two ponds would be separated by a sidewalk and berm if not merged. The City plans to develop a walking park around the retention pond once constructed by FDOT's contractor. The small dry pond was constructed as part of the City's Old Winter Garden Road widening project that has been completed for almost eight years. That project, including the small pond, was part of a stormwater permit issued by the St. Johns River Water Management District (SJRWMD). To take that small pond out of the drainage basin for the Old Winter Garden Road project and include it into the SR 211'agc February 18, 2014 Regular City Commission 50 project may require a permit modification for the Old Winter Garden Road project with the SJRWMD. This permit modification would be separate from the permit modification being submitted by FDOT. Each project is also in a separate drainage basin, too. FDOT is handling its permitting issues and the plans update in preparation for bidding the project. The City would need to modify its permit, if required. The proposal from Pegasus Engineering, LLC is to review the original SJRWMD permit and old project files for the Old Winter Garden Road project and FDOT's permit applications and project plans and to prepare a permit modification, if required, for the SJRWMD permit for the Old Winter Garden Road project. The proposal is for a not to exceed amount of $13,000, including expenses, for this work. Pegasus Engineering LLC is one of the City's continuing consultants and many of their employees worked on the Old Winter Garden Road project when they were at PEC, Inc. 7. Approval to Engineering Design Services for a Portion of the Central Force Main Project with Barrios Engineering, LLC. (City Engineer Wheeler) Stephens Barrios, LLC has submitted plans for a Family Dollar Store to be constructed on a vacate parcel beside the Marathon Oil Convenience Store on Wurst Road. The property and area are not currently served by City sanitary sewer services; the Marathon Oil Store has a septic system. The design for the Family Dollar Store initially included a septic system for sanitary waste treatment. This project is proposed to start construction shortly after approval by the City and be completed this year. The City Capital Improvement Program plans the construction of a new collection transmission system to support the downtown area west and southwest areas of the City. The transmission mains path runs west on A.D. Mims / Wurst Road to Lakewood Ave then south into the downtown area. The new main pass directly in front of the Family Dollar site. Staff will be seeking funding for the transmission main project Spring of 2014 with construction to follow within 210 days. Staff seeking opportunities to move forward with this project and assure the Family Dollar Store does not experience a double expense, a septic system and a year later connection to the transmission main, requested the developer /engineer to consider the design and construction of the portion of main need to provide sewer service to the development and the Marathon Oil Store. Barrios Engineering, LLC, the engineering design division of Carlos Barrios agreed and submitted a proposal to design the force main in the amount of $25,000. This portion of the force main will be deleted from the overall project, both design and construction. Fiscal Year 2013/2014 budget includes $200,000 to start the design of the downtown sewer and includes $40,000 for sewer line upsizing that will be used for construction. The approval of this item does not commit the City to using Barrios Engineering, LLC to perform the construction and the construction will require a later action by City Commission. G. SECOND READING OF ORDINANCES — PUBLIC HEARINGS 8. Ocoee Elementary School. (Advertised in the Orlando Sentinel on Thursday, February 6, 2014, and Thursday, February 13, 2014). (Principal Planner Fabre) The subject parcel is the expansion site for the existing Ocoee Elementary School. The subject property is considered contiguous to the City of Ocoee since it bordered by property located within the City limits on the north, west and south adjacent boundaries. City staff has requested a City of Ocoee zoning designation of "A -l" (General Agricultural), which is consistent with the zoning of the property to the North (the existing Ocoee Elementary School property). a. Annexation Ordinance b. Rezoning Ordinance 9. Spring Lake Reserve. (Advertised in the Orlando Sentinel on Thursday, February 6, 2014). (Principal Planner Fabre) The subject property is located on the south side of A.D. Mims Road directly across from the City's Jim Beech Recreation Center. The subject site is approximately 43.21 acres in size of which 17.56 acres are uplands and 25.65 acres are wetlands /surface water. The Spring Lake Reserve PUD is a planned residential subdivision that proposes a total of 99 single - family detached residential lots with a requested net density of 5.59 units per acre, which does not exceed the underlying land use maximum 311' 1 c February 18, 2014 Regular City Commission density allowed. The PUD is proposed to have a neo- traditional neighborhood design concept similar to The Villages of Wesmere. a. Rezoning to PUD Ordinance b. Land Use Plan c. Development Agreement (not a public hearing) H. PUBLIC HEARINGS 10. Casa Mirella at Belmere PD — 18 Joint Planning Area Agreement Amendment. (Advertised in the Orlando Sentinel on Thursday, Februaiy 6, 2014). (City Planner Rumer) The Joint Planning Area agreement (JPA) was established with Orange County on February 11, 1994. The agreement provides for annexation boundaries, Land Use designations, and notification requirements. Orange County currently has a JPA with the City of Ocoee and City of Winter Garden. The JPA amendment requested by the applicant includes changes to the JPA Future Land Use designation of lands. The proposed JPA amendment requested by the applicant consists of changing the JPA Future Land Use designation on 2.7 acres from Low Density Residential (Four DU /Acre) to High Density Residential (8 -16 DU /Acre). I. REGULAR AGENDA 11. Code Enforcement Reduction of Fine /Lien for Mr. Joseph J. Marra re: 338 N. Bluford Avenue. (Assistant Support Services Director Gaines) This property was cited on September 5, 2012, by Officer Carmen Delgado for a vacant lot with overgrown weeds and grass, dead trees, tree limbs, trash and debris. On November 27, 2012, the Code Enforcement Board imposed the accruing fine and lien for non- compliance of 115 -1. The property was found in compliance of 115 -3, trash and debris, and 115 -5, overgrown weeds and grass. The property owner, Mr. Joseph J. Marra, passed away April 10, 2013. The daughter, Ms. JoAnne TenHoeve, became the Personal Representative of his estate on August 20, 2013. Ms. TenHoeve, upon ownership, brought the property into compliance with the codes, as cited. Contact and communication was maintained, and the physical property is being maintained. Ms. JoAnne TenHoeve, the new property owner, appeared before the code enforcement board on January 28, 2014, and requested a reduction of the fine /lien amount of $70,250.00 to the city's cost of $467.50. The Code Enforcement Board is recommending the fine /lien be reduced to $467.50. The discussion by the board to reduce the amount was based on testimony and answers from Ms. JoAnne TenHoeve and city staff. 12. Code Enforcement Reduction of Fine /Lien for Mr. Charlie Vickers re: 1800 E Silver Star Rd. (Assistant Support Services Director Gaines) This property was cited on January 9, 2013, by Officer Edward Loeffler as a nuisance to the public health, safety and welfare regarding a vacant wooded lot with illegal dumping, juvenile and criminal egress, two instances of arson, occupancy by homeless persons and overgrown tall weeds and grass. On May 23, 2013, the Code Enforcement Board imposed the accruing fine and lien for non- compliance. The property owner originally cited continued to neglect the property and failed to respond to any city actions. Recently, the property had successive ownership changes, with Charlie Vickers of Central Florida Land Brokers taking ownership on December 31, 2013. During the quick ownership changes, the property was swiftly brought into compliance with the codes, as cited. Contact and communication was maintained and the physical property was monitored and maintained. Charlie Vickers, the new property owner, appeared before the code enforcement board on January 28, 2014, and requested a reduction of the fine /lien amount of $100,500.00 to the city's cost of $852.22 to enable beneficial development of the property. The Code Enforcement Board is recommending the fine /lien be reduced to the city's cost of $852.22. The discussion by the Board to reduce the amount was based on testimony and answers from Mr. Charlie Vickers and city staff. 411'age February 18, 2014 Regular City Commission 13. All Sports Memory Care — Development Agreement. (Principal Planner Fabre) On December 3, 2013, the All Sports Memory Care /Assisted Living Facility Final /Preliminary Site Plan was officially approved by the City Commission. The Preliminary /Final Site Plan consisted of a three- story, 112,269 square feet, 120 beds Memory Care /Assisted Living Facility. Due to future growth in the area (Barkeritaville PUD, etc.), a master utility commitments report (the "Southwest Utility Project ") was compiled in order to facilitate future utility commitments. This development agreement captures the All Sports Memory Care owner /developers commitment to participate in the "Southwest Utility Project ". Funding for the design and permitting work to be performed by Pegasus Engineering, LLC in the amount of $88,500 is available in the Water and Sewer Construction Fund. 14. Resolution of Support for House the Homeless, Inc. in its "Preventing Homelessness at Its Core" Campaign. (Mayor Vandergrift) A letter and booklet were sent to the Mayor requesting the City of Ocoee's support for House the Homeless, Inc. in its "Prevent Homelessness at its Core" campaign. Staff has revised the resolution into the City of Ocoee's standard format, should the commission choose to adopt the resolution of support. 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. 511'age