07-17-07 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
July 17,2007
7:15 PM
REGULAR CITY COMMISSION MEETING
AGENDA
I A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
I B. PRESENTATIONS AND PROCLAMATIONS
Proclamation - Ocoee Fire Fighter Appreciation Week
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 ARA TEL Y.
1. Approval and Acceptance of the Joint Session Workshop with City Commission
and General Employees' Pension Board on June 5, 2007, and the Regular City
Commission Minutes of June 19, 2007. (City Clerk Eikenberry)
2. Reappointment to the Citizen Advisory Council for the Police Department. (City
Clerk Eikenberry)
Members of the Citizens Advisory Council for the Police Department (CACOPD) serve three-year
terms. Currently the CACOPD has ten (10) members and their resolution allows no more than fifteen
(15) members. Mr. John Grogan has indicated he is willing to serve another three-year term, if
reappointed. Since January 2005, Mr. Grogan has attended 19 of 26 meetings with 0 unexcused.
There are no applications on file for residents interested in serving on the board.
3. Request to Amend the Name of Wesmere Property to Villages of Wesmere.
(Principal Planner Fabre)
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).
The City Commission, on March 7, 2006 reviewed and approved the Final Subdivision Plan for
Wesmere Property as presented. Based on the recommendation of the DRC, Staff respectfully
recommends that the Mayor and the City Commissioners approve the requested name change from
Wesmere Property to Villages ofWesmere.
City Commission Regular
July 17, 2007
4. Award of RFQ #0707 Engineering Services for Water Utility Modeling and
Minor Utility Studies to Reiss Environmental, Inc. (Purchasing Agent Tolbert)
The selected fIrm will provide potable water, reclaimed water, and sanitary sewer utility modeling
services and associated utility studies. These services will be used for such purposes as to identify
weaknesses in the current utility system, evaluate the impact of proposed development-related
extensions, and quantify the effects of other changes to the utility system. Staff determined that the
current continuing contracts for engineering services did not provide the required consulting staff and
accordingly issued a Request for QualifIcations to the engineering community for this work.
Responses were received from six fIrms. The Selection Committee identifIed and ranked the top-three
fIrms. The top-ranked fIrm was Reiss Environmental, Inc., second-ranked was CPR Engineers, Inc.,
and third-ranked was PBS&J.
5. Award of RFQ #07-003 Legislative Consulting Services to Gray Robinson, P.A.
(Purchasing Agent Tolbert)
Proposals were solicited from qualifIed fIrms with municipal experience to submit a proposal to
provide professional consulting services for representing the City in legislative matters at the State and,
as needed, at the federal level. Implicit responsibilities will be to advise the City of the impacts of
proposed regulatory and legislative changes and to identify areas where State and/or Federal funding is
available. Staff recommends that the City Commission award the contract for RFP #07-003 Legislative
Consulting Services to GrayRobinson, P.A. in the amount of $42,000.00 annually plus expenses; and
authorize the Mayor, City Clerk, and Staff to execute all necessary contract documents. The contract
term is for one (I) year with two (2) one (I) year automatic renewal options.
6. Ocoee Police Variable Message Board, Bureau of Justice Assistance (BJA),
Grant Request, Edward Byrne Justice Assistance Grant (JAG) Program.
(Deputy Police Chief Brown)
This is a proposed grant that needs approval from the Commission. The amount requested from
Federal Funding is $14,563, and the City funded amount is $11,000.00, which is less than half of the
total amount of $25,563.00. This Grant is for the Ocoee PD to acquire a Traffic Unit Variable
Message Board. The grant would be awarded after October 2007.
7. Tree Removal with Sunstate Tree & Property Maintenance. (Public Works
Director Krug)
The City has contracted with Sunstate Tree & Property Maintenance for the removal of large trees
within City right of ways that require additional expertise and equipment beyond the current
capabilities of in house forces. The City has issued purchase orders for $19,495.00 of work to date by
utilizing an existing Seminole County Contract No. IFB-3124-05-LJS. Public Works is requesting the
City issue a contract purchase order in the amount of $50,000.00 to Sunstate Tree to address the
anticipated tree removal requirements for the remainder of the fIscal year.
8. ROW Mowing and Landscape Maintenance with Valley Crest and GroundTek.
(public Works Director Krug)
At the September 5, 2006 meeting, the Commission approved contracts with Valley Crest for
landscape maintenance and GroundTek for right of way and landscape mowing. The City entered into
one (I) year contracts with both fIrms in order to determine the quality and cost effectiveness of the
services provided. Valley Crest and GroundTek have provided reliable continued service for their
separated portions of the program, validating the recommendations from the public and private owners
that led the City to contract with the fIrms. The Valley Crest and GroundTek contracts will expire on
August 21, 2007 and September 1,2007 respectively. Based on the responsiveness ofthe contractors
to the City's need for this type of high profIle maintenance, the Public Works Department requests
direction to proceed with extending the contracts with Valley Crest and GroundTek for a three (3) year
period plus two one (I) year extensions.
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City Commission Regular
July 17,2007
9. Piggyback off City of Orlando Contract (BI05-2056-5) for the Provision and
Installation of Fencing. (Parks & Recreation Director Hayes)
As part of the fIrst phase of improvements for Central Park the Park and Recreation Department is
proposing to upgrade the existing fence by replacing damaged and deteriorating chain link fence along
the west boundary line and within the park (football fIeld and retention pond). Staff is requesting
permission to piggyback off of the City of Orlando's contract (BI05-2056-5) for these services. All-
Rite Fence Company, Inc. has submitted a proposal to perform such services in the amount of
$31,809.70, based upon the aforementioned contract.
10. Dedication of Two Parcels to Orange County for the Widening of Clarcona-
Ocoee Road east of Clarke Road. (City Engineer Wheeler)
The City of Ocoee is conveying ownership of 2 parcels of land to Orange County in order to facilitate
the widening of Clarcona-Ocoee Road east of Clarke Road. The 2 parcels were obtained as a portion of
lands deeded to the City from Cambridge Development as part of the Orchard Park Development and
by Center Lake Properties, L TD as part of the Oak Trail Reserve Development. The City agreed to
convey the two parcels of land needed for the widening of Clarcona-Ocoee Road from Hiawassee
Road to East of Clarke Road in exchange for Orange County advancing the realignment and widening
of West Road from SR 429 to Ocoee-Apopka Road. Orange County Public Works has received bids
for their project and are taking the award to their Board in August. The construction schedule is to
have the road completed by August 1,2008, prior to school opening.
11. Amendment of Budget for Design and Construction of 7th Avenue to Reflect
Final Costs. (City Engineer Wheeler)
The Engineering Department recommends that the City Commission approve the reallocation of
$53,000 in unused funds from the State Road 50 at Maguire Road traffic signal revision project and
$6,709.93 in unallocated funds from the planned traffic signal and intersection modifIcation project for
Maguire Road at Moore RoadIRoberson Road. This change seeks to fulfIll prior City Commission
commitments with regard to improvements being made by the developer for the City.
I F. PUBLIC HEARING - SECOND READING OF ORDINANCES
12. Pioneer Key Regional Stormwater Pond. (Principal Planner Rumer) (Advertised as
Public Hearing in the Orlando Sentinel on Thursday, July 5, 2007, and July 12, 2007)
a. Annexation
b. Rezoning
The subject property is located west of Ocoee Apopka Road and north of Palm Drive. The City of
Ocoee is requesting the annexation of a 4.53 :!: acre parcel and a change of zoning from Orange County
"A-I" (Citrus Rural) to the City ofOcoee "C-2" (Community Commercial). The City ofOcoee intends
to use the parcel as a regional stormwater pond. 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 4.53 +/- acres ofland known as the Pioneer Key Regional Stormwater
Pond parcel, and also adopt the ordinance to rezone the property to "C-2 "Community Commercial".
13.0coee Pines (flk/a Whispering Pines). (Principal Planner Fabre) (Advertised as
Public Hearing in the Orlando Sentinel on Thursday, July 5, 2007)
a. Land Use Plan / PUD Rezoning Ordinance.
b. Preliminary Subdivision Plan.
c. Development Agreement. (Not a Public Hearing)
The Ocoee Pines PUD property includes approximately 101 acres of land and is generally located
northwest of Clarcona-Ocoee Road and southeast of Forest Lake Golf Course. The property is
currently vacant, wooded and undeveloped. Based on the recommendation of the DRC and Planning &
Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the rezoning
ordinance from Orange County Agricultural "A-I" to City of Ocoee "PUD" based on the Land Use
Plan as date stamped received by the City on May 25, 2007 and will further recommend approval of
Page 3 of6
City Commission Regular
July 17,2007
the Preliminary Subdivision Plan and Development Agreement at the Public Hearing for the Second
Reading of the Rezoning Ordinance.
I G. PUBLIC HEARINGS
14. Glad Tidings Assembly of God. (principal Planner Fabre) (Advertised as Public
Hearing in the Orlando Sentinel on Thursday, July 5, 2007)
a. Special Exception Amendment
Glad Tidings Assembly of God Church is proposing to increase their existing Special Exception use to
include an additional vacant parcel (3.495 acres) that they acquired adjacent to the subject church
(8.965 acres) property. The existing 12,000 square feet church facility is located on the north side of
Fuller's Cross Road, approximately 750 feet east of Ocoee-Apopka Road. The total subject property is
approximately 12.46 acres in size, zoned R-IA (Single-Family Dwelling). The applicant submitted a
site plan detailing the phasing of an expansion of their existing church facility. Upon submission of the
site plan, the applicant was notified that a Special Exception is required for the additional land, and
that the Special Exception Amendment is required to be obtained prior to fmal site plan submittal.
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends
that the Mayor and City Commissioners approve the Glad Tidings Assembly of God Church/Special
Exception Amendment and Preliminary Site Plan for Special Exception date stamped received by the
City on July 10, 2007.
15. Clarence Brown Variance. (Principal Planner Rumer) (Advertised as Public Hearing in
the Orlando Sentinel on Thursday, July 5,2007)
This variance application requests that a proposed sunroom addition at 868 Cool Springs Circle be
allowed to encroach 10 feet into the 25 foot rear yard setback. The proposed sunroom would replace
an existing patio that contains screens for sides and a solid aluminum roof. The applicant contracted
with Four Seasons Sunrooms to build a 10'x18' glass sunroom, but due to the 25' setback; the building
permit was rejected. The applicant stated as part of the application that he has an existing spinal cord
injury and the proposed addition would allow use of the room during all climates and weather
conditions for rehabilitation exercises. Based on the above report, staff does not believe the variance
requested by Clarence and Daphne Brown is supportable. Should the City Commission deny the
variance request, staff recommends that the Mayor and City Commission make a fmding under
Subsection 4-9 B. (2) and (3), that: 1) The reasons set forth in the application do not justify granting a
variance; 2) The denial of the variance will still allow for the reasonable use of the land and building;
and 3) The granting of the variance will not be in harmony with the general purpose and intent of these
regulations and will be iniurious to the surrounding territory, or otherwise be detrimental to the public
welfare.
16. Vincent Gramaglia Variance. (Principal Planner Rumer) (Advertised as Public
Hearing in the Orlando Sentinel on Thursday, July 5,2007)
This variance application requests that a proposed sunroom addition at 501 Bridge Creek Blvd be
allowed to encroach 8.6 feet into the 25 foot rear yard setback. The proposed sunroom would be used
for recreational and added home value. The applicant contracted with Four Seasons Sunrooms to build
a 12'-7\12" x 23'-6" glass sunroom, but due to the 25' setback; the building permit was rejected. Based
on the above report, staff does not believe the variance requested by Vincent Gramaglia is supportable.
Should the City Commission deny the variance request, staff recommends that the Mayor and City
Commission make a fmding under Subsection 4-9 B. (2) and (3), that: 1) The reasons set forth in the
application do not justify granting a variance; 2) The denial of the variance will still allow for the
reasonable use of the land and buildinl!; and 3) The granting of the variance will not be in harmony
with the general purpose and intent of these regulations and will be iniurious to the surrounding
territory, or otherwise be detrimental to the public welfare.
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City Commission Regular
July 17,2007
I H. FIRST READING OF ORDINANCES
17. Thomas Property. (Principal Planner Rumer)
a. Annexation
b. Rezoning
East side of Lauren Beth Avenue, 600 feet south of the intersection of Clarcona Ocoee Road and
Lauren Beth Avenue. Kirt Thomas is requesting the annexation of an 18.69 ::I:: acre parcel and a
change of zoning from Orange County "A-I" (General Agriculture) to the City of Ocoee "A-I"
(General Agriculture). 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 18.69 +/- acres ofland known as the Thomas Property, and also adopt the ordinance to
rezone the property to "A-I" General Agriculture.
18. Oak Level Heights. (Principal Planner Rumer)
a. Annexation
b. Rezoning
South side of Clarcona Ocoee Road, at the southwest comer of the intersection of Clarcona Ocoee
Road and Angola Street. The proposed annexation is a logical extension of the City limits, urban
services can be provided, and the annexation meets state and local regulations. Furthermore, the
requested Future Land Use and initial zoning classifications are consistent with the land use
classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial
zoning are also consistent and compatible with surrounding properties. 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 0.58 +/- acres of land
acres of land known as the Oak Level Heights property, subject to an annexation agreement
including a provision that would waive the lot width requirements of Section 5-10 (B) of the Land
Development Code and also adopt the ordinance to rezone the property to rezoning to "R-l" Single-
Family Dwelling.
I I. REGULAR AGENDA
19. Authorization of Staff to Proceed with a Boundary Survey for the Tiger Minor
Park Property. (Principal Planner Rumer)
Tiger Minor Park, one of City ofOcoee's premier parks that provides a playground, pavilion, benches,
grills, basketball court, tennis courts, & restrooms consists of 9.46:1: acres of park land with a portion of
its boundaries lying within the limits of unincorporated Orange County. In order to annex the portion
located in Orange County into the Ocoee City limits, a legal description in metes and bounds is
required by Florida Statute 171.044 (3). Staff respectfully requests the expenditure of Contingency
funds in the amount of not to exceed $8,980.00 for a Boundary Survey in order to provide a metes and
bounds legal description for property located at Tiger Minor Park.
20. Resolution to Reduce the Development Review Application Fees for Variances.
(principal Planner Rumer)
The City Commission requested staff to look into reducing the application costs for obtaining a
variance. Staff researched variance fees from other jurisdictions and proposes the Flat Review Fee be
decreased from $500 to $250 for Single-Family Residences, all other variance fees be decreased from
$750 to $500, and the requirement for the $1,000 deposit be eliminated. Staff respectfully
recommends that the Mayor and City Commissioners approve the resolution reducing the variance fees
from a $500 Flat Review Fee to a $250 Flat Review Fee for Single-Family Residences, all other
variance fees be decreased from $750 to $500, and the requirement for the $1,000 deposit be
eliminated.
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City Commission Regular
July 17,2007
21. Discussion and Direction on Electronic Message Board Signs. (Community
Development Director Wagner)
Since the adoption of the upgraded sign regulations in the Land Development Code, the use of
flashing, moving, or message board signs, commonly referred to as LED signs has been prohibited in
all zoning districts of the City. There is not one electronic message board sign in the City today. It has
recently come to the attention of staff that there has been a request to allow these signs to be permitted
for a local school. Staff respectfully recommends that the Mayor and City Commissioners continue to
prohibit electronic message board signs in all zoning districts of the City through Section 6.14 (5) (a)
(i) of the Land Development Code in order to maintain superior development standards and prevent the
proliferation of visual pollution and clutter which would preclude Ocoee from maintaining its
attractiveness and upgraded visual character.
22. Appointments to the Ocoee Police Infraction Hearing Board. (City Clerk
Eikenberry)
Ordinance 2007-007, adopted May 15, 2007, amends Chapter 168 of the City of Ocoee Code of
Ordinances and calls for the creation of the Ocoee Police Infraction Hearing Board as follows: The
Hearing Board shall consist of seven (7) members, two of which must be members of the Citizens
Advisory Council of the Ocoee Police Department (CACOPD). Additional members of the Hearing
Board may also be members of CACOPD. All members of the Hearing Board shall be residents or
business owners from the City of Ocoee. Each member of the City Commission shall appoint a
member of the Hearing Board. The other two members of the Hearing Board shall be appointed by the
City Commission from among the membership of the CACOPD. The Chief of Police shall provide the
City Commission with his recommendation as to the appointees from the CACOPD. Members of the
Hearing Board shall serve 2-year terms; provided, however, that the initial members of the Hearing
Board appointed by each City Commissioner shall serve a one year term.
23. Appointment to the West Orange Chamber of Commerce Nomination
Committee. (City Clerk Eikenberry)
The Chamber will be appointing a nominating committee in August and will then meet to determine
the slate for 2008. They have asked that the City Commission determine who will represent the City
of Ocoee on their board.
I J. STAFF REPORTS
24. Discussion regarding Dinner Sponsorship for Homes in Partnership, Inc.
(Commissioner Johnson)
I K. 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. LAKE SHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE
MEETING.
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