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HomeMy WebLinkAboutAgenda 09-19-2006 OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida REVISED September 19,2006 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum I B. PRESENTATIONS AND PROCLAMATIONS I Presentation - American Legion Post 63 Winter Garden to Present Sgt. Steve McCosker with the 2006 Law Officer of the Year Award. Presentation - CACOFD to Present Lt. Joe Moy with the First Firefighter of the Quarter Award - Mark Scalzo, Chairman of the CACOFD. I I (Mayor I C. COMMENTS FROM CITIZENS/PUBLIC I D. COMMISSIONERS ANNOUNCEMENTS Richard T. Crotty Annual Scholarship and Volunteers Award Dinner. Vandergrift) 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 SEP ARA TEL Y. 1. Approval and Acceptance of the Regular City Commission Minutes of September 5, 2006. (City Clerk Eikenberry) 2. Approval of Reappointment to General Employees' Pension Board of Trustees. (City Clerk Eikenberry) Trustees for the Pension Boards serve two-year terms. The City Commission appoints two of the trustees, 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. Trustee Hendrix has indicated he is willing to serve another term if appointed. At this time no other applications were received for serving on this board. 3. Quarterly Financial Report - Third Quarter FY 2006. (Finance Director Horton) Revenues are being collected as anticipated for all funds. Expenditures are being closely monitored and are within expected ranges. Staff continues to look for new ways to increase revenues and/or reduce expenditures without compromising the levels of service to the community. The report summarizes [mancial activity for the period April 2006 through June 2006. 4. Approval of Beer and Wine Special Event Permit Application for Founder's Day. (Parks and Recreation Director Hayes) City Commission Regular September 19, 2006 The Ocoee Lion's Club has submitted a Beer and Wine Special Event Permit Application for the purpose of selling beer and wine at the Founder's Day Celebration on Friday, October 20th and Saturday, October 21st of2006. 5. Approval of Resolution Establishing City ofOcoee RecreationalProperty Hours. (Police Chief Reffett) Chapter 124-2 of the City of Ocoee Code of Ordinances provides that City of Ocoee recreational property shall be open to the public during such times as may from time-to-time be established by the City Commission. To preserve peace and help prevent crime, a resolution establishing City of Ocoee recreational property hours to be open from 7 :OOAM to 11 :OOPM, except where otherwise provided in Section 124, is recommended. 6. Approval of Annexation and Development Agreement for Ocoee Commons PUD - Waiving of One Year Deadline. (Community Development Director Wagner) The Annexation and Development Agreement for Ocoee Commons PUD was approved by the City Commission on March 18,2003. Section 10, Road Impact Fees states, "The Developer is obligated to construct certain improvements to Blackwood A venue in order to mitigate traffic impacts of the commercial and multi-family portions of the Property. The Developer has agreed to commence construction of the Blackwood Avenue improvements at the time of development of the single-family portion of the Property. In consideration for the acceleration of construction of the Blackwood Avenue improvements and provided that the improvements to Blackwood Avenue as set forth in the Land Use Plan are commenced with the commencement of construction of the subdivision infrastructure for the fIrst to develop of Tract "A" or Tract "B" on the Land Use Plan and completed within one (I) year of commencement, the Developer shall be entitled to receive City of Ocoee road impact fee credits in the amount of $150,000.00 upon issuance of a CertifIcate of Completion for the Blackwood Avenue improvements. The Developer, Ocoee Commons, LLC, applied for their building permits prior to having completed the road improvements, and on May 17, 2005, paid Road Impact Fees of $235,315.41 to the City, which was $150,000.00 more than the $85,315.41 which they would have owed had they been able to apply for their credits at that time. On September 21, 2004, the Developer commenced construction, and on August 10, 2006, the City issued the CertifIcate of Completion, which exceeded the one-year deadline. Ocoee Commons, LLC has requested that the City refund the $150,000.00, in accordance with the Development Agreement. 7. Approval of Change Order No.5 (Final) with Prime construction Group, Inc. for the Old Winter Garden Road/Professional Parkway Project. (City Engineer Wheeler) Change Order No.5 includes four areas of adjustments to the overall project: 1) additional items of new construction in the roadway portion; 2) adjustment of quantities in the roadway portion; 3) adjustment of quantities in the Ocoee Utilities portion; and 4) adjustment of quantities in the Orange County Utilities portion. The last three portions are to fmal the project. The road widening project is being performed under a JP A Agreement between the City of Ocoee and Orange County and the funding is spelled out in that agreement. The proportionate shares for the roadway portion of the project are 66.43% Orange County and 33.57% for Ocoee. The Ocoee Utilities portion is paid 100% by Ocoee and the Orange County Utilities portion is paid 100% by Orange County. The amount of the change order is an increase of $169,746.16, with no adjustment in contract time. 8. Approval of Engineering Services for Reclaimed Water Main Construction in Reflections and Reserve Subdivisions. (City Engineer Wheeler) The City Commission authorized an expenditure of up to $53,989.80 for the fIrm of Miller Legg, Inc. (nee Ivey, Harris & Walls, Inc.) to perform engineering design and related services for the construction of reclaimed water lines in The Reserve and Reflections subdivisions at its regularly scheduled meeting of June 15, 1999. That work was suspended after all but $15,453.59 of the authorized amount had been expended. The remaining funds were not encumbered at that time and, even if they had been, would have lapsed after three years of inactivity. The funds were returned to the bond proceeds account. City Commission authorization is required to reallocate the $15,453.59 remaining from 1999 and authorize an additional $11,097.41 to encumber the total funding required of$26,551 for the work to be completed by Miller Legg. City Commission authorization is required because the total amount exceeds the City Manager's authorization limit of $25,000 and Miller Legg is not one of the Page 2 of4 City Commission Regular September 19, 2006 engineering fIrms with which the City has a continuing relationship; however, they are the engineer of record. Construction plans will need to be updated to reflect changes since the project was suspended in 1999 and to complete the preparation of design bidding plans and specifIcations. I F. PUBLIC HEARINGS SECOND READING 9. Ordinance for Residential Front Yard Regulations. (Advertised in the Orlando Sentinel Orange Extra on Thursday, August 24, 2006). (Community Development Director Wagner) In 2005, several members of the City Commission brought to staffs attention concerns regarding fence and front yard parking problems in residential areas. Staff researched these issues and conducted an inventory of the Land Development Code and City Code of Ordinances to determine if future amendments were necessary to correct these problems. On August 16,2005, staff presented a summary of fmdings to the City Commission for recommended action. That presentation related to canopy covered parking structures, boats, RVs, and campers parked in front yards, parked vehicles overhanging sidewalks in residential neighborhoods, parallel street parking in the grassed easement between the street and sidewalk, the placement of mechanical equipment on comer lots, front yard parking, conversions of garages to living space, and fences in front and side yards. Staff has drafted an ordinance proposing amendments to the Land Development Code and the Code of Ordinances per the direction of the City Commission regarding issues of concern in residential areas. On August 8, 2006, the Planning & Zoning Commission voted unanimously to recommend approval of the proposed amendments to the Land Development Code and City Code of Ordinances. 10. Commercial and Multi-Family Solid Waste Collection. (Item#B Rate Resoltuion was Advertised in the Orlando Sentinel on Sunday, August 10, 2006). (Public Works Director Krug) A. Amendment to the Commercial and Multi-Family Solid Waste Collection Franchise Agreement The City has reached the end of the term for the Commercial and Multi-Family Solid Waste Collection Franchise Agreement with the current franchisee, Veolia ES Solid Waste Southeast, Inc. (formerly know as Onyx). The two (2) year extension to Veolia's contract allowed for renegotiation of rates to continue service. The amendment to the Commercial and Multi-Family Solid Waste Collection Agreement will maintain service to customers and allow the City to determine if said service should be brought in-house or solicit new proposals to continue contracting with outside vendors. The proposed amendment includes a monthly fuel adjustment surcharge and early termination clause. Staff recommends approval of the amendment to the Commercial and Multi-Family Solid Waste Collection Franchise Agreement with Veolia ES Solid Waste Southeast, Inc., for a 24-month term that includes a monthly fuel adjustment surcharge and early termination clause. B. Resolution Establishing New Rates for Commercial and Multi-family Solid Waste Collection and Disposal Services (advertised Public Hearing) The City has reached the end of its agreement with the current franchisee whose previously contracted rates were within the rate structure set by Resolution No. 95-13. The two (2) year extension to the franchisee's contract allowed for renegotiation of rates to continue service and the updated rates are outside the current Resolution rate structure. The new rate structure requires a resolution increasing and establishing new rates for commercial and multi-family solid waste collection and disposal services retroactive to the beginning of the current billing period with an automatic fuel surcharge adjustment to said rates and the repeal of existing Resolution No. 95-13. Staff recommends the adoption of a new Resolution increasing and establishing new rates for commercial and multi-family solid waste collection and disposal services retroactive to the beginning of the current billing period; providing for automatic fuel surcharge adjustments to said rates and repealing Resolution No. 95-13. Page 3 of4 City Commission Regular September 19, 2006 I G. REGULAR AGENDA - none 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 VERBA TIM 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. LAKE SHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE MEETING. Page 4 of 4