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03-18-08 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida March 18, 2008 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 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 SEPARATELY. 1. Approval and Acceptance of the Workshop Minutes for January 22, 2008, and January 31, 2008, and Regular City Commission Minutes of March 4, 2008. (City Clerk Eikenberry) 2. Reappointment to the CACOFD. (City Clerk Eikenberry) The terms of Members Glenn Richardson, Mark A. Scalzo, Wayne Vaughn, and Sam Woodson have all expired, and all have indicated an interest in being considered for reappointment. 3. Approval of Boat Ramp and Road Closure for the City of Ocoee Third Annual Safety Spring Fling. (police Chief Reffett) The City ofOcoee Third Annual Safety Spring Fling will be held Saturday, AprilS, 2008, from lOAM to 3PM at the City Municipal Complex. In order in help ensure a safe event, the organizers are requesting the closure of the City boat ramp between the hours of midnight and 4PM and the closure of the driveway between the boat ramp and City Hall's west parking lot, Oakland A venue between Bluford A venue and Lakeshore Drive, and Lakeshore Drive between the boat ramp and Oakland Avenue between the hours of9AM and 4PM. 4. Approval of Change Order No.1 with Southern Site Works for the Pioneer Key Regional Stormwater Pond Project for a No-Cost Time Extension. (City Engineer Wheeler) This project requires removal of more than 90,000 cubic yards of excess materials. When the contract for this project was originally executed, the City was to utilize one-half of the excess fill material for various planned City projects, and the contractor was to dispose of the other half. When the City subsequently indicated that it had no application for any excess materials, the contractor accepted responsibility for removal of all materials without a change in contract price. With the subsequent reduction in construction activity, the volume of material to be removed became greater than what could be absorbed by the local development community within the original contract time. Accordingly, the contractor has requested a no-cost construction time extension of 60 days in order to find additional consumers of the remaining fill material. City Commission Regular March 18, 2008 5. Approval of Change Order No.2 with Tony's Construction Co. for Central Park Phase II Improvements. (City Engineer Wheeler) The construction underway at Central Park will significantly improve the spectator and player experience and reduce maintenance costs through improved stormwater management. Spectator safety is being enhanced by new retaining walls, level bleacher areas, new aluminum bleacher structures, ADA-compliant access paths, and new guardrails and handrails. The player experience is being improved through new dugouts, backstops, facility interconnections via new sidewalks, and field fencing. In keeping with these objectives, six small additions to the work are proposed to complete Phase II. I F. PUBLIC HEARINGS SECOND READING OF ORDINANCES 6. Tiger Minor Park. (Advertised in the Orlando Sentinel Orange Extra on Thursday, March 6, 2008, and March 13, 2008). (principal Planner Rumer) The subject property is located on the north side of Geneva Street, 2,000 feet east of the intersection of Geneva Street and Bluford Avenue. The City of Ocoee is requesting the annexation of two parcels totaling 9.46 :i: acres and an initial zoning from Orange County "A-I" (Citrus Rural) to the City of Ocoee "R-IA" (Single-Family Dwelling). The initial zoning requested will be equivalent to the zoning on the northern portion of tiger Minor Park that is currently located within the City of Ocoee boundaries. a. Annexation b. Rezoning 7. Chateau Reserve. (Advertised in the Orlando Sentinel Orange Extra on Thursday, March 6, 2008, and March 13, 2008). (principal Planner Fabre) The subject property is approximately 8.76 acres in size and is located on the east side of Tomyn Boulevard approximately 255 feet south of Patriots Point Drive. The subject site is currently undeveloped with a variety of trees, wetlands and tOO-year floodplain areas. Wetlands and flood zone areas are associated with the Johns Lake Basin and are situated on the properties eastern and southern most boundaries. The existing land use to the north and east is Single-Family residential subdivisions zoned R-IA, R-lAAA (Brookestone Subdivision) and PUD Low Density (Wesmere Subdivision). To the south there is an unincorporated parcel (+/- 1.4 acres) of land which is heavily treed and currently undeveloped, zoned (Orange County) A-I. Situated west across Tomyn Boulevard is a water retention pond owned by the Orlando-Orange County Expressway Authority. Currently, it is being utilized for stormwater abatement for SR 429. Further west across SR 429 is a vacant undeveloped parcel zoned (City of Winter Garden) A-I. a. Annexation b. Rezoning c. Preliminary Subdivision Plan (Not an Ordinance) 8. Approval of Changes to the City of Ocoee Municipal General Employees' Retirement Trust Fund. (Advertised in the Orlando Sentinel Classified Legal on Sunday, March 9,2008). (Human Resources Director Carnicella) Amendment to the General Employees' Pension Ordinance to include Mayors and Commissioners, to include City Manager, to change Finance and Fund Management, to allow Members who reached 81 % cap to discontinue contributions and freeze benefit, to add an additional form of benefit known as PLOP (Partial Lump Sum Option), to remove the window for electing the DROP (Deferred Retirement Option Plan) and change the participation period for the DROP to 7 years, and to add the Purchase of Credited Service for Air Time. There is no fmancial impact for Fiscal Year 07-08, however in Fiscal Year 08-09 the City contribution to fund all of the above mentioned changes will increase from 12.5% of payroll to 12.8% of payroll or an additional $48,000. Page 2 of4 City Commission Regular March 18, 2008 I G. FIRST READING OF ORDINANCES 9. Orange County Belmere PD - Annexation, Parcel H. (Second Reading and Public Hearing scheduledfor April 1, 2008, Commission Meeting). (Principal Planner Rumer) The developer is proposing to develop 216 multi-family units, 85 ACLF units and up to 42,960 s.f. of commercial on Tract H. In order to accommodate the developer's residential plans, the City will need to annex the property and amend the LUP for Tract H. More specifically, the 202 single-family units currently approved for Parcel H will need to be changed to 216 multi-family units and 85 ACLF or ALF units. This will be accomplished by (1) converting the 202 single-family units to 202 multi- family units using the land use conversion formula and (2) recapturing the equivalent of 26 residential units for conversion to 85 ACLF units and 2 multi-family units. I H. REGULAR AGENDA 10. Bank Atlantic Waivers. (Senior Planner Howell) The Bank Atlantic site is located on the south side of SR 50, west of the Chick-fil-A restaurant. The subject property was the site of the proposed Steak N' Shake restaurant. The subject property is a combination of Tract D of the Wal-Mart subdivision and the C-3 zoned property located west of Tract D. The property is currently vacant and contains a mix of mature trees and vegetation. The Bank Atlantic small-scale site plan proposes a 3,992 square foot bank with 32 parking spaces. The subject property is comprised of 1.09 acres and is zoned C-2 (Community Commercial), and C-3 (General Commercial), with a Commercial future land use designation. 11. Request for Reduction of Fine and Release of Lien for Code Enforcement Board Case No. 05-068, Charles and Patsy Butterfield. (Building Official Jones) On June 22, 2005, Code Enforcement Officer Robert Siegrist observed violations of city code on the property located at 716 Crystal Drive, Ocoee, Florida. The violations observed were dirty swimming pool water and misc. trash/debris. A Notice of Code Violation and a Notice of Hearing were sent to the property owner, Charles and Patsy Butterfield, on July 19, 2005, to appear at the Code Enforcement Board on July 26,2005. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until August 02, 2005, to comply or pay a fme of $250.00 per day until the property was brought into compliance. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on August 23, 2005. The fme accrued daily until the property was re-inspected on April 04,2006, and found in compliance. The total amount of the fme is $61,000.00. The Code Enforcement Board recommended a reduction of fmes to $2,000.00 if paid within 30 days of the Commission's approval or revert back to the original amount. It is staff s recommendation to support the decision made by the Code Enforcement Board. 12. Appointment of Commissioner to Selection Committee for RFQ #0802 Continuing Contracts for Landscape Architectural Services. (Purchasing Agent Tolbert) In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner be appointed to the Selection Committee to evaluate Statement of Qualifications received for RFQ #0802 Continuing Contracts for Landscape Architectural Services. The selection committee meeting is tentatively scheduled for Wednesday, April 16, 2008, at 10:00 a.m. 13. Approval of Preliminary Fire Assessment Fee Resolution. (Assistant City Manager Croteau) In December of 2007, the Commission adopted a Resolution of Intent and an Ordinance relating to the collection of a Fire Assessment Fee. To implement the fee, the City Commission must preliminarily set the level of assessment, notice all property owners in the City of the proposed assessment, and hold a public hearing to adopt a resolution setting the assessment fees. The public hearing for the Final Fee Resolution will take place at the second Commission meeting in April. The assessment fees will then be billed on the November 2008 tax bill. 14. Election of Mayor Pro Tem. (City Clerk Eikenberry) Page 3 of 4 City Commission Regular March 18, 2008 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 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 of4