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HomeMy WebLinkAbout03-17-15 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida March 17, 2015 7:15 P.M. SWEARING IN OF COMMISSIONERS AGENDA REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum B. PRESENTATIONS AND PROCLAMATIONS Proclamations — April 2015. (Mayor Vandergrift) ➢ Water Conservation Month & Video Presentation by Charles Smith ➢ Day of Remembrance — April 16 ➢ Arbor Day — April 24 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 IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICII CASE THE MAYOR WILL INSTRUCT THE CITY CLERK 10 REMOVE THAT ITEM FROM TIIE CONSENT AGENDA AND SUCIT ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes for the Regular Commission Meeting Held March 3, 2015. (City Clerk Eikenberry) 2. Approval of Resolution and Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices — Bowness Road (Maguire). (Public Works Director Krug) This agreement provides for funding from the Federal Highway Administration to the FDOT to install new railroad grade crossing signals on Bowness Road (Maguire) at the Florida Central Railroad crossing. The purpose of this agreement is to allocate the Federal funds to upgrade existing grade crossing signals to meet current requirements. The signal upgrades are funded through a FHWA Aid Project administered by the FDOT. The financial impact to the City is the continuation of the annual $3,402.00 maintenance fee already incorporated in the budget. 3. Approval of Resolution and Railroad Reimbursement Agreement for Municipal Grade Crossing Traffic Control Devices — North Clarke Rd. (Public Works Director Krug) The City approved an agreement at the November 5, 2013, Commission meeting providing for funding from the Federal Highway Administration to the FDOT to install new railroad grade crossing signals on North Clarke Road at the Florida Central Railroad crossing. The purpose of the agreement was to Regular Commission Meeting March 17, 2015 allocate the Federal funds to upgrade existing grade crossing signals to meet current requirements and the upgrades have been completed. The Railroad has noted a clerical error in that the annual maintenance cost participation for the City was erroneously shown as 50% percent when it should have read 100% percent. The 100% cost participation is based on the Stipulation of Parties adopted by the City in 1992 for the construction of the then new Clarke Road over the existing railroad. The agreement conforms to the correct cost participation originally stipulated and approved by the City. The signal upgrades have been funded through a FHWA Aid Project administered by the FDOT. The financial impact to the City is the continuation of the annual $3,402.00 maintenance fee already incorporated in the budget. G. FIRST READING OF ORDINANCE 4. First Reading of Ordinance — Change in Chapter 75, False Alarm Response Fees. (Second Reading and Public Hearing scheduled for April 7, 2015, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (Police Chief Brown) Chapter 75 of the City Code provides procedures and fines /fees for City Police and Fire Department responses to false alarms or the activation of an alarm system due to reasons including, but not limited to, mechanical failure, malfunction, improper maintenance, or other negligent or intentional acts. Responding to a false alarm is a poor use of resources, resulting in unnecessary costs to the City and presenting a risk to public safety due to the unnecessary diversion of critical public safety resources. For this reason, staff believes the ordinance should be updated and clarified. Currently, enforcement of alleged false alarm violations are heard by the City's Code Enforcement Board. However, under the proposed changes, alleged violations will be heard by the City's Violations Hearing Board. Additionally, the proposed changes include establishing a flat fine of $100.00 for fourth and any subsequent violations occurring in a six month period. H. FIRST READING OF ORDINANCE — PUBLIC HEARING 5. First Reading of Code of Ordinances Amendment — Road Impact Fee Reduction. (Advertised in the Orlando Sentinel on Sunday, March 8, 2015. Second Reading and Public Hearing scheduled for April 7, 2015, Regular Commission Meeting at 7:15 p.m. or soon thereafter). (City Planner Rumer) The road impact fee ordinance was adopted in 1989, and then amended in its entirety in 1999 and 2005. The ordinance update in 2005 increased the impact fees by as much as 113 %. The City Commission requested a study of the City's transportation impact fees back in 2013 which was provided by CDM Smith consultants. This ordinance is a result of the Commission's directive and further work by CDM Smith. This ordinance decreases most impact fees by roughly 25% with a few land uses receiving less of a decrease due to the expansion of the City's limits. This ordinance does not provide amendments to the other impact fees and capital charges. Police, Fire, and Recreation impact fees will go back to their full rates as of April 1, 2015. Water and Sewer Capital charges are adjusted yearly by the CCI index. I. SECOND READING OF ORDINANCES - PUBLIC HEARINGS 6. Swatkowski - 112 Lee Street. (Advertised in the West Orange Times on Thursday, March 5, 2015, and Thursday, March 12, 2015). (City Planner Rumer) The subject property is located on the North side of Lee Street, 200 feet east of the intersection of N Kissimmee Ave and Lee Street. The subject parcel has one existing Single- Family Residence and numerous structures used for agricultural processing. The Applicant is annexing into the City limits as a condition to receive city potable water connection. The applicant has requested a City of Ocoee zoning designation of A -1 (Agriculture), which is consistent with the zoning of the adjacent Orange County properties on the south. a. Annexation Ordinance b. Rezoning Ordinance 21Page Regular Commission Meeting March 17, 2015 7. Chaudhry & Angard - 1102 E. Silver Star Road — Annexation Ordinance. (Advertised in the West Orange Times on Thursday, March 5, 2015, and Thursday, March 12, 2015). (City Planner Rumer) The subject properties are located on the west side of 2nd Street and east side of Whittier Avenue, fronting E Silver Star Road. The subject parcels contain one single- family dwelling. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non - circuitous territory so long as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north, south and east. J. REGULAR AGENDA 8. Code Enforcement Reduction of Fine/Lien by Realtor William G. Jefferson on behalf of Lindsey Cunningham Regarding 2603 Coventry Lane. (Assistant Director of Support Services Gaines) This case involved a vacant property with a missing fence gate leading to an un- secured pool enclosure and an in- ground swimming pool with green unsanitary water. These were conditions constituting an attractive public nuisance to the public health, safety and welfare. The property owner, Lindsey Cunningham, was cited on July 3, 2012, by Code Officer Edward Loeffler. The codes in violation were: 115 -3 prohibited acts, 115-6 unsanitary swimming pool water and 108 -35 public nuisance. On July 24, 2012, the Code Enforcement Board issued an order to comply by August 7, 2012, or be fined $100.00 per day per violation. On August 31, 2012, the Code Enforcement Board imposed fine and lien for non- compliance. The violations were found in compliance on December 11, 2012. On February 24, 2015, the Code Enforcement Board re- opened the case. The board recommends that the $37,500.00 fine /lien be reduced to the city's cost of $923.50. The discussion by the Board to reduce the amount was based on testimony and answers from Ms. Angelea Gillette and city staff. 9. Most Valuable Partnership Grants — Cycle 2014/2015. (Community Relations Manager Wright) The Most Valuable Partnership Grants Program has been in operation for several years. The grant program assists Ocoee neighborhoods and organizations with projects that will enhance property values and improve the quality of life in Ocoee. The MVP grant program is a matching grant program held annually in November. The maximum matching grant award is $2,000. Funding is not given up front, but is reimbursed at the completion of the organization's project. Applicants fund their improvement projects and then get a portion back, up to a maximum of $2,000. Six applications were submitted. Two organizations, Silver Glen HOA and Dirty Jeans 4H, withdrew their applications, leaving four applicants. The total amount of grant monies requested from the four applicants is $7,500. There is $12,000 funded for the MVP Grant Program. The following four organizations were recommended to receive grants: Admiral Pointe HOA; Roberts Rise HOA; Rotary Club of Ocoee and Sleepy Harbour HOA. 10. Community Grant Program — January 2015 Cycle. (Community Relations Manager Wright) The Community Grant Review Board (CGRB) met on August 12, 2015, to discuss the 12 applications received for the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant Program provides financial grants of up to $500 to non - profit organizations and civic groups located within the city limits or are located outside the city limits but benefit residents of Ocoee. The grant cycle is open twice yearly (January and July) to acknowledge excellence and further the contributions these local organizations bring to the Ocoee community. There is $5,000 allotted for this cycle of the Community Grant Program. The Community Grant Review Board recommended funding 8 organizations in the total amount of $4,000. The CGRB recommended the following three organizations do not receive grant funding: Garden Community Choir, Center for Muliticultural Wellness and Prevention, Inc. and Orlando Chargers Basketball Organization. 31Page Regular Commission Meeting March 17, 2015 11. Approval of Bluford Avenue Drainage Project Resolution for Acquisition by Eminent Domain — Brown Property. (Public Works Director Krug) The City Commission approved the acquisition of right of way required for the Bluford Avenue Stormwater Project at the November 19, 2013, meeting, authorizing the Attorney to make the statutorily required pre- condemnation offer letters at the appraised values and then proceed to eminent domain. Ms. Karen Brown, Parcels 101 & 701, had agreed to accept the appraised values for both parcels totaling $7,310.00. The Commission approved the Purchase Agreement for said parcels at the March 4, 2014, meeting authorizing the Attorney to complete the subsequent closing actions with the property lien holders. Since the last Commission action on this property, one of the lien holders has foreclosed on the property and is no longer willing to participate in the purchase agreement. The Attorney has recommended proceeding with the eminent domain process to acquire these two (2) final remaining parcels required for the project. Public Works is requesting the City Commission approve the Resolution relating to the acquisition by eminent domain for the Brown Parcels 101 & 107. In conjunction with the Resolution, the required property survey and updated property appraisal have been authorized by Public Works to proceed concurrently. The Attorney is preparing to file suit immediately following receipt of the required documents which are currently scheduled for completion by the second week in April. The Order of Taking will be approximately 60 days from filing and is dependent on the volume of actions filling the docket. Following the Order of Taking, the City can take possession of the property as soon as we deposit the good faith estimate of value and the bidding process can proceed. This is the last acquisition required for the project and the only property requiring condemnation. The property acquisition is adequately funded in the project budget. 12. Election of Mayor Pro Tem. (City Clerk Eikenberry) Section C -9 of the Ocoee City Charter states: ... The Mayor pro tem shall be elected from among the Commissioners by the City Commission but shall continue to represent the district in which such Commissioner resides. The Mayor pro tem shall be elected at the first City Commission meeting following the swearing in of the candidates elected at each general city election ... and shall serve as Mayor pro tem until the successor is elected. On March 20, 2007, the Commission created a policy to elect the Mayor Pro Tem annually, even in non- election years, by rotating down through the seniority list, beginning with Commissioner Johnson for the term of March 2007 -2008. The following elections have been made since 2007: 2007 -08 Commissioner Johnson 2011-12 Commissioner Wilsen 2008 -09 Commissioner Hood 2012 -13 Commissioner Hood 2009 -10 Commissioner Keller 2013 -14 Commissioner Keller 2010 -11 Commissioner Johnson 2014 -15 Commissioner Johnson 13. Appointment of Commission Liaisons to Various Boards. (City Clerk Eikenberry) Each year in March, the Commission reviews the Liaisons Appointments to various boards and makes changes, if needed. In 2014 the following appointments were made: Parks and Recreation Board — Commissioner Wilsen Citizens Advisory Board for the Police Department- Commissioner Grogan Citizens Advisory Board for the Fire Department- Commissioner Johnson Human Relations Diversity Board- Commissioner Keller Personnel Board — Commissioner Johnson Tri- County League of Cities — Commissioner Wilsen West Orange Airport Authority - William Maxwell W.O. Chamber of Commerce — City Manager Frank MetroPlan Advisory Board- Commissioner Keller Education Incentive Board — Commissioner Johnson Wage Regular Commission Meeting March 17, 2015 K. STAFF ACTION ITEMS L. 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. 51Pagc