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Home My WebLink About03-07-2006 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida March 7, 2006 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Invocation Pledge of Allegiance and National Anthem - Taylor Elliott, 16-Yr. Old Ocoee Resident Roll Call and Determination of Quorum I B. PRESENTATIONS AND PROCLAMATIONS Presentation of Rocking Chair to Commissioner Parker. (Mayor Vandergrift) Presentation - Certificate of Merit. (Police Chief Goclon) · Sgt. Brad Dreasher · Lt. Charlie Brown Proclamations - March 2006. (Mayor Vandergrift) · Building a Safe and Drug Free Community Month · Traffic Safety Month I C. COMMENTS FROM CITIZENS/PUBLIC I D. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE E. 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. Award of Bid #B06-03 Term Contract for Wheeled Refuse Containers. (Purchasing Agent Tolbert) The City has been using Otto Environmental since their bid was awarded in 1995. The bid expired when the cost of the garbage containers escalated due to higher energy, material, production costs, etc. The new term contract will be for a total of five (5) years, renewed annually; with provisions for an automatic annual 3% cost escalation and other cost adjustments. In compliance with the City of Ocoee's Purchasing Code, a formal bid was developed to provide the containers. The bid was publicly advertised on December 18,2005, and opened on January 19, 2006. There were a total of five (5) responses to this bid, with one considered as non-responsive for failure to provide a bid security. Staff recommends that the City Commission award Bid #B06-03 to Otto Environmental Systems (NC), LLC in the amount of unit prices bid for the 96, 65, and 35 gallon containers including shipping, and authorize the Mayor, City Clerk, and Staff to execute all necessary contract documents and issue purchase orders between the City and Otto Environmental Systems, (NC) LLC. City Commission Regular March 7, 2006 2. Approval of Canvassing Board Criteria 2006. (City Clerk Eikenberry) Pursuant to Florida Statute 101.5614 and Ocoee City Charter Section C-50, the Canvassing Board shall meet at noon on March 15, 2006, in the presence of members of the public desiring to witness the proceedings. The Board will declare the results of the canvass and results of the election. Under new election laws, any outstanding provisional ballot cannot be counted until after Friday, March 17,2006, at 5:00 p.m. If such ballots exist in the Ocoee General Election, the Canvassing Board will continue the meeting on noon, Monday, March 20, 2006, to include those ballots, and declare the official results of the Election. In the Commission Meeting on December 20, 2005, it was determined that the Canvassing Board will consist of Mayor Vandergrift, Commissioner Johnson, and former City Clerk Jean Grafton. 3. Vines of Life Ministries - Settlement Agreement. (City Attorney Rosenthal) Code Enforcement Officers of the City cited Guy Ianello, Catherine Ayler, Vine of Life Ministries, Inc., and True Ministries, Inc., for alleged code violations arising out of their use of seven residential properties within the City. Six of the parcels are located on Idaho Court, and the remaining parcel is located on Leslie Ann Lane. The nature of the alleged code violations concerned the use of the properties for housing participants in, and conducting activities for, a drug- and alcohol-treatment program known as the Total Freedom Program. The property owners challenged the Notice of Violation by threatening to commence a federal court challenge against the City, contesting the validity of the Notice under the federal constitution and federal statutes. With the approval of the City Manager, a settlement was negotiated with the property owners. The Settlement Agreement has now been executed by the property owners. It is recommended that the City approve the Settlement Agreement and authorize the Mayor to sign the Agreement on the City's behalf. The Settlement Agreement will prohibit the property owners from using the property in a way that violates the Code, yet preserve their ability to use the property for the purposes permitted by federal statutory and constitutional law. The Agreement also resolves this controversy without the need for litigation. 4. Approval of MVP Neighborhood Matching Grant. (Community Relations Manager Wright) Six applications were received, five from neighborhoods and one from a community service organization located in Ocoee. The Cambridge Villas Homeowners Association's application was received by the deadline, however it was not included with the six applications. 5. Approval of Design Services to Donald W. McIntosh Associates, Inc. for the Windsor Landings Reuse Main Extension. (City Engineer Wheeler) The Windsor Landings reuse main extension was awarded a grant by the South Florida Water Management District. The project needs to be designed and Donald W. Mcintosh Associates, Inc., Design Engineer for the Meadow Ridge PUD is willing to assist the City with the design. Staff recommends that the City Commission approve the employment of Donald W. McIntosh Associates, Inc. to perform design services for the Reuse Main Extension to Windsor Landings Project in the amount of$16,550.00, and authorize staff to execute the purchase order and proceed with the project. 6. Approval of Access and Drainage Easement Agreement and Non-Exclusive Temporary Construction Easement Agreement for Property Located at 300 South Lakeshore Drive. (City Engineer Wheeler) The South Lakeshore Drive area has been experiencing drainage problems for a number of years. These drainage problems have been associated with the overflow of the pond located on the Ocoee Middle School property. The pond overflows into a swale on South Lakeshore Drive and if the overflow is excessive in runs down Lakeshore Drive to the nearest access point to Starke Lake. The project is to collect the overflow drainage from the OCPS pond and other drainage from the City right- of-way and direct it to Starke Lake without it running down Lakeshore Drive for approximately one hundred yards as surface drainage. The City negotiated this easement and the temporary construction easement in the amount of$l,OOO. Actual construction of the drainage improvements is scheduled for later this year at an anticipated cost of less than $60,000 and OCPS will contribute one-half of the project cost. Page 2 of 4 City Commission Regular March 7, 2006 7. Approval of Plantation Groves Tract F Plat. (City Engineer Wheeler) Plantation Groves Tract F commercial development is the last undeveloped tract of the Plantation Groves Commercial Complex, which is located at the northeast corner of Moore Road and Maguire Road. This plat is for a 7.94 acre commercial development. The site is bounded by Key Isle Apartments to the west and Moore Road to the south. All required documentation pertaining to the platting of this development has been reviewed and approved by City staff. I F. PUBLIC HEARINGS 8. Living Water Church - Special Exception. (Public Hearing advertised on Sunday, March 5, 2006, Orlando Sentinel Classified Legal). (Principal Planner James) Living Waters Church applied for a Special Exception (church use) in Space #14 of the Ocoee Shopping Center. The entire shopping center is 8.15 acres, and is located on the northwest corner of Ocoee-Apopka Road and Silver Star Road within a Community Commercial (C-2) Zoning Classification. In order to approve this use, certain upgrades to the property are needed. 9. God's Factory - Special Exception. (Public Hearing advertised on Sunday, March 5, 2006, Orlando Sentinel Classified Legal). (Principal Planner James) God's Factory Christian Center applied for a Special Exception (church use) in Space #10 of the Ocoee Shopping Center. The entire shopping center is 8.15 acres, and is located on the northwest corner of Ocoee-Apopka Road and Silver Star Road within a Community Commercial (C-2) Zoning Classification. In order to approve this use, certain upgrades to the property are needed. 10. Development Agreement Ocoee Shopping Center. (Not a Public Hearing; Related to Items 8 and 9). (Principal Planner James) PUBLIC HEARING - RESOLUTION 11. Set Stormwater Utility Fees. (Public Hearing advertised on Sunday, February 26, 2006, Orlando Sentinel Legal Classified). (Public Works Director Zaitooni) On February 7, 2006, City Commission directed staff to develop a sliding-scale model for the increase in the Stormwater Utility Fees and to place the item on the City Commission meeting for adoption. The sliding-scale model considers a scaled fee distribution for the residential category based on the gross square footage of the impervious areas. Both the "flat-fee" and the "sliding-scale" models are projected to produce an equal sum of revenues in the target years. The recent amendment to Chapter 150 of the City Code modified and expanded the properties subject to a stormwater fee to include Category A- residential with four (4) distinct classes based upon the gross square footage, Category B- residential condominiums, Category C- developed non-residential properties, and Category D- vacant land. I G. REGULAR AGENDA I 12. Meadow Ridge PUD (fka Westridge). (Senior Planner Fabre and Community Development Director Wagner) The Meadow Ridge subdivision is located at the southeast quadrant of the intersection of Maguire Road and Moore Road. The Final Subdivision Plan proposes 152 single-family residential lots on approximately 49.7 acres. The approved PUD requires a minimum lot size of 60 feet by 105 feet with 20-foot front setback lines. The net residential density is 3.1 units per acre. There is an approximately 14.1 acre conservation (wetland) area with a 1.1 acre surrounding buffer area. The total site area for the subject subdivision is approximately 66 acres including roadways, conservation and buffer areas. a. Name Change - The Westridge PUD is located at the southeast quadrant of the intersection of Maguire Road and Moore Road. The POD consists of a residential (152 single-family lots) portion, wetlands (14.1 acres), and a commercial (8.8 acres) portion. The City Commission, on August 17, 2004, reviewed and approved the Preliminary Subdivision Plan for Westridge PUD with certain conditions. Thereafter, the property owner has requested a name change from Westridge to Meadow Ridge in accordance with Ordinance 2001-18. Page 3 of 4 City Commission Regular March 7, 2006 b. Final Subdivision Plan c. Third Amendment to Second Developer Agreement 13. Wesmere Property - Final Subdivision Plan. (Community Development Director Wagner) The Wesmere Property site is located on the east side of Maguire Road, north of Cross Creek subdivision and south of the Florida Turnpike. The subject property comprises multiple tracts totaling 100.23 acres. The property is zoned Multiple-Family Dwelling (R-3) and General Commercial (C-3) and is designated as High Density Residential and Commercial on the Future Land Use Map (FLUM). Lot 3 of the Wesmere Property Final Subdivision Plan is proposed to be fee-simple townhomes and will be considered separately by the City Commission. 14. Villages of Wesmere Townhomes - Final Subdivision Plan. (Community Development Director Wagner) The Villages ofWesmere is located on Lot 3 of the Wesmere Property Subdivision. More specifically, it is located on the east side of Maguire Road, north of Cross Creek Subdivision and south of the Tomyn Boulevard extension. The subject property will comprise 369 fee-simple townhome lots on 49.48 acres. The property is zoned Multiple-Family Dwelling (R-3) and is designated as High Density Residential on the Future Land Use Map (FLUM). 15. Appointment to the Police Officers' and Firefighters' Retirement Trust Fund Board of Trustees. (City Clerk Eikenberry) Trustees for the Pension Boards serve two-year terms. Two of the trustees are appointed by the City Commission, two are elected from the employee body, and the fifth trustee is chosen by those four trustees and presented to the City Commission for certification of the appointment as a ministerial act. Pension Attorney Lee Dehner has advised that Florida Statutes do not prohibit current City employees from serving as a City Commission appointed Trustee. Due to the resignation of Trustee Strosnider, who is moving out-of- state, there is currently one opening on the Police Officers' and Firefighters' Retirement Trust Fund Board of Trustees. Two applications were recently submitted for the Police Officers' and Firefighters' Retirement Trust Fund Board of Trustees; therefore staff recommends the City Commission consider appointing Charles Brown or Mark Scalzo as Trustee for the Police Officers' and Firefighters' Retirement Trust Fund Board with a term ending September 1,2008. I H. STAFF REPORTS I I. COMMENTS FROM COMMISSIONERS I 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. Page 4 of 4