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04-03-07 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida April 3, 2007 AGENDA ECONOMIC DEVELOPMENT WORKSHOP 6:00 P.M. REGULAR CITY COMMISSION MEETING 7:15 P.M. I A. CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum lB. PRESENTATIONS AND PROCLAMATIONS Presentation of Awards to the Winners of the "Drop Saver Conservation Coordinator Diana Wagner. (Mayor Vandergrift) I Contest" - Water Presentation - Merit Award to Firefighter Thomas Smothers for his Life Saving Actions on March 8, 2007. (Fire Chief Firstner) Presentation - 2006 Audit Report - Elden McDirmit, C.P.A. (Finance Director Horton) Proclamation - Day of Remembrance - April 15, 2007. (Mayor Vandergrift) I C. COMMENTS FROM CITIZENS/PUBLIC I D. COMMISSIONERS ANNOUNCEMENTS 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 ARATEL Y. 1. Approval and Acceptance of the Regular City Commission Minutes of March 20, 2007. (City Clerk Eikenberry) 2. Appointment to the Code Enforcement Board. (City Clerk Eikenberry) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981. The purpose of this board is to review infractions of the City technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members; all with three year terms. The board currently consists of seven (7) regular members and one (1) alternate member. Therefore, there is currently one (1) alternate member position available. One application has been submitted for a position on the board by Shahzad Ahmad (District 3). 3. Quarterly Financial Report - First Quarter FY 2007. (Finance Director Horton) The Quarterly Financial Report presents the results of fmancial activity of the City for a three-month period. The report for the fIrst quarter summarizes the activity for the months of October 2006 through December 2006. Revenues overall are being received as anticipated for all funds. Expenditures continue to be closely monitored and compared to revenues to monitor any potential impact to daily operations or capital projects. City Commission Regular April 3, 2007 4. Award of Bid #B07-03 Ocoee Family Aquatic Center Pool Resurfacing and Leak Detection Project. (Purchasing Agent Tolbert) The Parks and Recreation Department budgeted $35,000 for the resurfacing of the swimming pool basin in the 2006-07 budget. The amount of the bid ($43,050) has exceeded the amount that was budgeted ($35,000) and funds will need to be transferred to offset the difference of $8,050. The Parks and Recreation Department is proposing to use funds remaining from another project and to transfer funds from another account. The department does have a balance ($3,169.06) remaining from another project in the same account line, Capital Expenditure Park Improvement (001-572-00-6204) as the pool work was budgeted, and is proposing to transfer the remaining funds ($4,880.94) from the operating account Recreation Programs (001-572-00-5900). 5. Approval of Licensing Agreement Allowing the City to Utilize Copyrighted Music as Part of City Events. (Parks & Recreation Director Hayes) The City has been contacted by the American Society of Composers Authors and Publishers (AS CAP) regarding the City's use of copyrighted musical works in its functions. Cities currently are required to gain permission for the right to use certain copyrighted information at public events and through Parks and Recreation programs. This right includes public performances that might be construed as sponsored by the city or the playing music at dances and recreational facilities. All this would be covered under the agreement. ASCAP has worked with the International Municipal Attorneys Association (IMLA) to author a standard contract which grants the City use of the copyrighted materials as defmed in the Agreement for a period of one (1) year for fee of$284.00. 6. Approval of Request from Ocoee Youth Soccer League to Apply for a Field of Dreams Grant from Orange County. (parks & Recreation Director Hayes) The Ocoee Youth Soccer League (OYSL) has approached the City seeking assistance and support to apply for a Field of Dreams Grant through the Orange County Parks and Recreation Department. OYSL is seeking a grant to install sports lighting on the open practice field which lies to the west of the Beech Recreation Center. The amount of the grant that the OYSL is seeking through the Field of Dreams Grant program is $50,000 and the OYSL has requested the City's assistance by providing a match of $50,000. The deadline for submitting the grant application is April 26, 2007. If the OYSL were to receive a grant through the Field of Dreams Program and install lights at this location, under the terms of the grant the City of Ocoee would be required to provide and allow for the use of the lights by the OYSL and other organizations for a period of five (5) years under the terms of the grant program. 7. Approval of Purchase of Playground Equipment to be Installed at the Beech Recreation Center. (Parks & Recreation Director Hayes) The Parks and Recreation Department has budgeted $50,000 for the purchase of playground equipment in the 2006-07 budget. It has received a proposal from Playmore Recreational Products & Services in the amount of $46,830.94 priced according to a state contract with the City of Jacksonville (SC-0511- 06). The proposal includes the cost of the equipment and installation, and the installation of poured- in- place resilient surface material. The price quoted for the play equipment is a sale price which will expire on March 31, 2007, however the manufacturer has extended the sale price to April 4, 2007 for the Parks and Recreation Department. The equipment which is designed to accommodate the 5 to 12 year old age level and complement the existing 2 to 5 year old play equipment will be installed at the Beech Recreation Center complex. 8. Approval for Request for Road Closing of Acropolis Circle for Birthday Party. (Building Official Jones) In order to temporarily close a public street, the approval of the Honorable Mayor and City Commission is required. DeeAnn Schaalma of Lake Olympia Club Subdivision has made application to the City for a Special Events Permit for a birthday party that would require the temporary closing of a City owned street. The event will be held on May 6, 2007 from 1 pm-7pm. The street to be closed is Acropolis Circle. Staffrecommends approval with the following requirements: 1) All residents that will be affected by the road blockage must be notified in advance; 2) Health Central Ambulance must be notifIed of the road closure in advance; 3) An emergency lane must be maintained at all times; and, 4) Roads must be blocked with proper barricades. Page 2 of5 City Commission Regular April 3, 2007 I F. PUBLIC HEARINGS - None I G. ORDINANCE FIRST READINGS 9. West 50 Commercial Subdivision Ordinance. (Second Reading Scheduled for April 17, 2007). (Senior Planner Howell) The subject property is located east of SR 429 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a four lot commercial subdivision on the subject property and the property to the north, which is currently in the City and is zoned C-3 (General Commercial). Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex 2.25 acres ofland known as the West 50 Commercial Subdivision and also adopt the ordinance to rezone the property to C-3 (General Commercial). a. Annexation b. Rezoning 10. McCully Property Ordinance. (Second Reading Scheduledfor April 17, 2007). (principal Planner Rumer) Charles McCully is requesting the annexation of a 0.8 ::l: acre parcel and a change of zoning from Orange County "A-I" (Citrus Rural) to the City of Ocoee "R-l" (Single-Family Dwelling) on a property located on the west side of Adair Street, 155' North of Vignetti Park. The applicant is proposing two single family homes after a short form subdivision plat is processed under a separate review. Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 0.8 +/- acres of land known as the McCully Property, and also adopt the ordinance to rezone the property to "R-l" Single-Family Dwelling District". a. Annexation b. Rezoning I H. REGULAR AGENDA I 11. Approval of Redevelopment Master Plan for Central Park. (Parks & Recreation Director Hayes) In December 2006 the City contracted with HHI Consultants to develop a master plan for the redevelopment of Central Park. The City was seeking to upgrade the park to address several areas of concern that included: accessibility, safety, functionality, and aesthetics. The City sought HHI's assistance in assessing the park's existing conditions, making recommendation for upgrades and in preparing a master plan for the redevelopment of Central Park. In January 2007, City staff and HHI representatives met with representatives of both the Ocoee Bulldogs Pop Warner Football League and Ocoee Little League. The purpose of the meetings was to receive feedback from the leagues and to determine what their needs were from a facility standpoint. Both groups provided additional insight into their programs and what their priorities were for the redevelopment of the park. In January and February 2007, City staff and HHI representatives presented conceptual plans for the redevelopment of the park to the Park and Recreation Advisory Board. The conceptual plan, cost estimates and phasing recommendations are meant to serve to guide for the City in its planning and budgeting for future improvements to the park. In addition to this, these documents will assist the City in applying for local, state and federal assistance through various grant programs. The estimated costs to accomplish the improvements identified within the plan are anticipated to exceed four million dollars. The Parks and Recreation Department has developed a phasing plan that would spread this cost out over several years. The phasing plan is based upon the assumption that funding levels will remain consistent for the fIrst three phases with that of the current fiscal year, $500,000. However, it is understood that funding could certainly vary form one year to another, based upon the overall needs of the City Commission. The phasing plan attempts to address the identified deficiencies that are related to safety and accessibility, and to take advantage of undeveloped or underdeveloped assets within the park that will enhance the use and enjoyment of the park by the general public. Page 3 of 5 City Commission Regular April 3, 2007 12. Approval of Request for Reduction of Fine and Release of Lien - Code Enforcement Board Case No. 05-004, Global Realty Brokers. (Building Official Jones) On November 29,2004, Code Enforcement Officer Robert Siegrist observed violations of city code on the property located at 5001 Water Wheel Court, Ocoee, Florida. The violations observed were overgrown grass/weeds, accumulation of miscellaneous trash and debris, and the presence of an untagged vehicle. A notice of code violation was sent to the property owner on December 6, 2004. A re-inspection of the property on December 22, 2004, revealed the property remained in non- compliance. A Notice of Hearing was sent to the property owner to appear at the Code Enforcement Board on January 25,2005. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until February 15,2005, to comply or pay a fme of $100.00 per day until the property was brought into compliance. The property was re-inspected on February 16,2005, and found in non- compliance. An Affidavit of Non-Compliance was issued on February 16,2005. An Order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on February 22, 2005. The fme accrued daily until the property was inspected on January 19,2007, and found in compliance. The total amount of the fme is $70,100.00. The Code Enforcement Board recommended the property owner's request for a reduction offmes to $35,050.00 if paid within 30 days of City Commission approval or it will revert back to the $70,100.00. It is staff's recommendation to support the decision made by the Code Enforcement Board. 13. Approval of Request for Reduction of Fine and Release of Lien - Code Enforcement Board Case No. 06-102, Aluminum and More Inc. & Carolyn B. Mitchell TR. (Building Official Jones) On August 8, 2006, Code Enforcement Officer Robert Siegrist observed violations of city code on the property located at 332 Maguire Rd, Ocoee, Florida. The violations observed were installation of a fence without first obtaining a required permit and an accumulation of miscellaneous trash and debris. A notice of code violation was sent to the property owner on August 8, 2006. A re-inspection of the property on August 25,2006, revealed the property remained in non-compliance. A Notice of Hearing was sent to the property owner to appear at the Code Enforcement Board on September 26,2006. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until October 10,2006, to comply or pay a fme of $100.00 per day until the property was brought into compliance. The property was re-inspected on October 17,2006, and found in non-compliance. An affidavit of non- compliance was issued on October 17, 2006. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on October 24, 2006. The fme accrued daily until the property was inspected on December 15, 2006, and found in compliance. The total amount of the fme is $6500.00. The Code Enforcement Board denied to hear the request to reduce the fine and deferred the decision to the City Commission. A statement was made at the Board meeting that the Board would not support a reduction. I I. STAFF REPORTS I J. COMMENTS FROM COMMISSIONERS I ADJOURNMENT PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT TIDS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR TIDS 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 of5