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HomeMy WebLinkAbout06-03-14 AgendaOCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida June 3, 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 Mayor Bruhn of Windermere - Fire Services 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 1S DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE TIIAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARAT 1. Approval of Minutes for the Regular Commission Meeting Held May 20, 2014. (City Clerk Eikenberry) 2. Approval of Contract B14 -01, Change Order No. 2 for Peach Lake Manor Phases 3, 4, & 5. (Public Works Director Krug) The City Commission awarded the Peach Lake Manor Project Phases 3, 4 & 5 to Dewitt Excavating, Inc. (Dewitt) on December 3, 2013. This project incorporates drainage improvements on Sal Street, Jemima Avenue, Lady Avenue and portions of Mona and Maureen Avenues. Changes to the remodeled Spring Lake Elementary School require modifications to the existing project storm drainage system to accommodate revised car and pedestrian access. This change order will incorporate the modifications necessary to conform existing drainage facilities with the new pedestrian and vehicle access at the revised school entrance prior to opening. No additional contract time is required for the change order. Public Works recommends approving Contract 1314 -01 Change Order No. 2 in the amount of $32,532.50, with Dewitt Excavating, Inc. This change order will provide a new contract price of $1,519,686.06. The change order is adequately funded in the Stormwater budget. 3. Approval of Interlocal Agreement Central Florida Fire Consortium and Facility Sublicense Agreement. (Interim Fire Chief Hoover) With the recent separation in the agreement between the Central Florida Fire Academy and Orange County Public Schools, as well as, the formation of an agreement of the newly named Central Florida Fire Institute and Valencia Community College, the need for an updated interlocal and facility sublicense agreement became necessary. The Consortium is made up from membership of the local Central Florida area fire department and managed by a board of directors, which is made up of representatives from each department. The agreement is a 10 -year agreement last signed in 2005. Membership in the Consortium allows the fire department to use the fire ground facilities for training as required by ISO. Membership also allows fire department personnel to attend technical fire training classes at consortium member discounted fees, typically a 20% discount. 4. Approval of Change Order No. 3 for the North Side Reclaimed Water Main Project. (City Engineer Wheeler) The North Side Reclaimed Water Main Extension project provides for the installation of a 16 inch reclaimed water main along McCormick Road from the entrance to the McCormick Woods subdivision west to Ocoee - Apopka Road and then south on Ocoee - Apopka Road to the entrance to the Fountains West commercial development. The North Side Reclaimed Water Main Extension project was awarded to Hazen Construction LLC (Hazen) at the April 16, 2013, City Commission meeting. The original bid itemization did not include line items for the replacement of sod along the alignment of the pipeline. Orange County requires the replacement of either Bahia or St. Augustine sod where present in right -of -way. Staff negotiated a price for the sod replacement for either the Bahia ($2.00 per square foot) or St. Augustine ($3.25 per square foot) sod. The total cost for the sod replacement was $10,842.00. This change order will also adjust quantities of various pay items, up or down, based upon the actual work completed. There were 33 items of work required under the original contract on this project, with an additional 13 items added under change orders #1 and #2. There were 1 l work items that were over the estimated contract quantity which had a value of $65,389.50 to the contractor and 12 work items that were under the estimated contract quantity which had a value of $40,489.80 to the City. The net result is an increase in contract amount of $24,909.70, with an increase of fifteen calendar days. The total cost for Change Order #3 is $35,751.70 with an adjustment in contract time of 15 days. G. FIRST READING OF ORDINANCE 5. First Reading of an Ordinance to Amend Chapter 175 of the Code of Ordinances, Regarding "Water Conservation for Landscape Irrigation, Irrigation System Design and Installation Standards, and Efficient Plumbing Requirements ". (Second Reading and Public Hearing scheduled for June 17, 2014, Regular Commission Meeting at 7:15p. in. or soon thereafter). (Utilities Director Smith) In early 2012, the City of Ocoee adopted Ordinance 2012 -003, which repealed and replaced Chapter 175 of the Code of Ordinances. The new Chapter 175 is entitled Water Conservation for Landscape Irrigation, Irrigation System Design and Installation Standards, and Efficient Plumbing Requirements. The adoption of this Ordinance satisfied requirements and conditions of the City's SJRWMD Consumptive Use Permit, and the District accepted it. One circumstance the present Ordinance 2012 -003 does not take into consideration is that some customers do not hook up to reclaimed water when it becomes available to their property; instead continuing to utilize potable water for irrigation. This new Ordinance being presented includes a provision stating that where reclaim is available, within forty five (45) days from the date when reclaimed water becomes available, or within forty five (45) days from the adoption of said Ordinance, all irrigation must utilize reclaimed water; and irrigation using potable water will become prohibited. The Ordinance also provides that violations of this amended section are subject to the penalties provided in Section 175 -12. Additionally, the Ordinance provides a new definition, entitled Unattended Broadcast Irrigation, which is defined as "the irrigation of landscape utilizing any method other than an irrigation system or a hand -held hose equipped with a shut -off nozzle ". H. FIRST READING OF ORDINANCES — PUBLIC HEARINGS 6. First Reading Public Hearing of an Ordinance to Amend Temporary Reduction of Road, Fire, Police & Recreational Park Impact Fees & Deferral of Road Impact Fee payments. (Advertised in the Orlando Sentinel on Thursday, May 22, 2014. Second Reading and Public Hearing scheduled for June 17, 2014, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) The City extended economic incentives for new construction last year that are, by ordinance, set to expire on July 1, 2014. The incentives included reducing impact fees for police, fire, recreational park and transportation. Other incentives included the deferral of transportation impact fee payments until the issuance of the Certificate of Occupancy. A study of the existing impact fees, methodologies, and current construction costs indicate that a full impact fee update will result in lower impact fees for targeted uses such as commercial, restaurant, and office. An update to the City's impact fees and methodology is expected to begin in July of this year, using newly released transportation data from FDOT and Metro Plan. Staff is requesting an extension to the current impact fee reduction until December 31, 2014, in order to complete the impact fee update. 7. First Reading Public Hearing of an Ordinance to Amend Fire Department and Building Department Plan Review Fees for Commercial Projects. (Advertised in the Orlando Sentinel on Thursday, May 22, 2014. Second Reading and Public Hearing scheduled for June 17, 2014, Regular Commission Meeting at 7 :15 p.m. or soon thereafter). (City Planner Rumer) At the April 1, 2014, City Commission meeting, staff was directed to bring back to the commission an ordinance to reduce plan review fees as an incentive for new commercial projects. The proposed ordinance accomplishes the directive in three parts. Part one temporarily suspends the %2 of 1% Fire Plan Review fee until December 31, 2014; Part two reinstates the Fire Plan Review fee at a reduced rate of ' / 4 of 1% cost of construction as of January 1, 2015; and, Finally, part three provides for the deferral of Building Plan Review fees for new construction until permit approval. This ordinance creates an application fee of $1,000.00 at the time of building plan review which will cover some cost of review. I. SECOND READING OF ORDINANCE — PUBLIC HEARING 8. Second Reading of an Ordinance Amending Section 1 -14 of Chapter 1 of the City of Ocoee Code of Ordinances entitled, "Lien Search Fees ". (Advertised in the Orlando Sentinel on Friday, May 23, 2014). (City Clerk Eikenberry) In 2010, the Commission adopted a new Article III of Chapter I of the City of Ocoee Code of Ordinances, specifically adopting Section 1-14 "Lien Search Fees." From time to time the City has received requests to prepare a lien search report for a single entity or parcel that contains multiple units or addresses. Since the current fee structure does not address this, we have been charging for the additional time based on actual costs incurred (employee salary, plus amount of time spent). Staff feels it would be more equitable and consistent to amend the fee structure to include a flat fee for additional lien searches when multiple units /addresses exist under one parcel. Additionally, this will allow the research to be done quicker since the cost will be predetermined and the requestor won't be delayed waiting for an estimate. J. PUBLIC HEARINGS 9. Ladda Blanks Variance (2702 Kemos Landing) — Accessory Structure in Side Yard & Setback Variance from Mean High Water Line. (Advertised in the west Orange Times on Thursday, May 22, 2014). (City Planner Rumer) The applicant, Ladda Blanks, is requesting a variance to place a swimming pool with screen enclosure on the side yard of the property. According Article V, Section 5 -6 B of the Land Development Code (LDC): "In residential districts, accessory uses and structures shall not be located in front or side yards but may be located in rear yards." She is also requesting a variance for the pool to be located 40 feet from the mean high water line instead of 50 feet. The proposed variance request by Ladda Blanks for a pool and screen enclosure to be located in a side yard and a variance to encroach 10 feet into the 50 foot setback from the normal high water level was reviewed at a Public Hearing by the Board of Adjustment on May 14, 2014. The Board of Adjustment voted 3 -0 to recommend approval of the variance request. Based on the existing conditions of the parcel and the unique parcel position, staff does find the variances requested by Ladda Blanks to be supportable. 10. Bonnell Patrick Variance (1912 Marsh Wren Court) — Encroach into 25' Upland Buffer, Conservation, & Drainage Easement. (Advertised in the west Orange Times on Thursday, May 22, 2014). (City Planner Rumer) The applicant, Bonnell Patrick, is requesting a variance to permit an enclosed storage structure that was constructed without permits under a wood deck located on the rear of the property. The storage structure will encroach ±14 feet into a 25 foot Upland Buffer, Conservation & Drainage Easement. The house was originally constructed in 2003 with 4,183 sq. ft. under roof. In 2011/2012, a rear addition was done by the applicant increasing the square footage to 7,603 sq. ft. With the rear addition, a deck was permitted to extend 12 feet off of the rear of the addition. The applicant constructed an accessory storage structure under the deck and extended the deck an extra t eight (8) feet. The property is on Lake Johio and contains wetlands and 100 year flood plain. A 25' conservation easement is dedicated from the 100 year flood plain per code. The accessory structure is located within the 25' buffer easement. The proposed variance request by Bonnell Patrick for an encroachment into the 25 foot Upland Buffer, Conservation & Drainage Easement was reviewed at a Public Hearing by the Board of Adjustment on May 14, 2014. The Board of Adjustment voted 3 -0 to recommend denial of the variance request. Based on the recommendation of the Board of Adjustment and the evidence provided in the staff report, staff does not support the variance requested. K. REGULAR AGENDA L. STAFF ACTION ITEMS M. 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.