10-19-10 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
October 19, 2010 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Proclamations. (Mayor Vandergrift)
➢ United Nations Day — October 24
➢ National Family Week — November 21St -27th
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 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 of Minutes for Regular Commission Meetings Held September 21,
2010 and October 5, 2010. (City Clerk Eikenberry)
2. Reappointments to the Parks and Recreation Advisory Board. (City Clerk
Eikenberry)
Parks & Recreation Advisory Board serve two-year provided the terms shall be ear terms;
Members of the Y P
ry
staggered so that the terms of four members and the terms of the other five members shall expire in
alternating years. Currently, the Parks & Recreation Advisory Board has eight (8) members and no
applications on file. The two -year terms of Gordon Applegate, Mary Barber, Dottie Godek, Carol
Heard, Rob McKey, Jane Rainer, and Veronica Royce have all ended October 1, 2010. All members
with the exception of Veronica Royce have indicated they are willing to serve another term, if
reappointed. Member Royce has declined reappointment due to moving out of the city limits.
To comply with Chapter 15 -1 (C.) of the Code of Ordinance and realign the staggered terms of the
board members, staff recommends extending the current terms of the two longest serving members
(Applegate and Barber) until October 1, 2011, and reappoint Dottie Godek, Carol Heard, Rob McKey,
and Jane Rainer to serve another term on the Parks & Recreation Advisory Board ending October 1,
2012.
City Commission Regular
October 19, 2010
3. Approval of Transferring Certain Property Rights and Granting the Use of City
Right -of -Way to the Florida Department of Transportation in Connection with
the Widening of SR 50. (CIP Manager Butler)
The Florida Department of Transportation (FDOT) plans to widen SR 50 through the City of Ocoee.
The first part of the project will widen SR 50 from the eastern entrance to the West Oaks Mall to Good
Homes Road. We expect this project to begin next year. In FY 2014, construction will begin to widen
the rest of SR 50 in Ocoee, from SR 429 to the end of the first phase. As part of this second phase of
the project, FDOT intends to place its new stormwater management structures within properties owned
by the City of Ocoee and/or properties for which the City has a utility easement. City utilities located
within these areas will need to be relocated in advance of the road construction.
4. Approval of Bluford Avenue Pavement Repair at Franklin Street. (Public
Works Director Krug)
Bluford Ave., south of Silver Star Rd., at Franklin St. has experienced differential settlement in this
area creating unsafe "dips" in the pavement. Public Works proposes repairing this area by milling the
existing pavement and placing a surface leveling course of new asphalt. The total cost for this work is
$12,500.00 based on the proposal from Advanced Paving and Seal Coat, Inc. Public Works solicited
pricing from the asphalt producing vendors in the Central Florida area, however the scope of work was
not large enough for them to provide a competitive price. The vendors referred the City to Advanced.
Public Works recommends awarding the Bluford Ave. asphalt repair work to Advanced Paving and
Seal Coat, Inc. for $12,500.00.
5. Approval of Railroad Reimbursement Agreement for Municipal Grade Crossing
Traffic Control Devices — Wurst Road. (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 Wurst Rd. at the Florida Central Railroad crossing. The
purpose of this agreement is to allocate the Federal funds to upgrade existing grade crossing signals,
which are over 30 years old, to meet current requirements.
6. Approval of 2010 -2011 Budget Vehicle Purchase. (Public Works Director Krug)
The City traditionally purchases vehicles and equipment through bids from the Florida Sheriffs
Association's annual contract. The new pricing for the 2010 /2011 fiscal year is generally published
around the first of November; however this has currently been delayed due to vendor bid protests. The
Fleet Division has contacted the 2009/2010 vendors who will also be on the new contract and they
have agreed to honor their 2009/2010 prices as long as they receive the City's new vehicle purchase
order before the new rates are published. This will provide the City a 3 -4% savings per each out -right
purchased vehicle.
7. Approval of Maintenance Statement for Property Transferred from Orlando -
Orange County Expressway Authority to the City of Ocoee. (City Engineer
Wheeler)
The Cities of Ocoee and Winter Garden and Orange County were approached by the Orlando -Orange
County Expressway Authority (OOCEA) approximately two years ago about giving away surplus land
and/or non - expressway roads and associated retention ponds along the SR 429 corridor. The surplus
land, road and retention ponds that OOCEA wanted to go give to the City was excess right -of -way
along the east -west portion of Tomyn Boulevard and the road portion of Tomyn Boulevard that
parallels SR 429 and the associated retention ponds.
G. PUBLIC HEARINGS - SECOND READING OF ORDINANCES
8. Park Square. (Annexation Advertised in the Orlando Sentinel on Thursday, October 7, 2010,
and Thursday, October 14, 2010, Rezoning Advertised on Thursday, October 7, 2010, ). (Principal
Planner Fabre)
The proposed annexation is a logical extension of the City limits, urban services can be provided, and
the annexation meets state and local regulations. Upon annexation, the property will assume a Low
Density Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. The
applicant is requesting an initial City zoning classification of R -1AA "Single - Family Dwelling" for the
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City Commission Regular
October 19, 2010
subject parcel. Furthermore, the Applicant has expressed that the subject property would either develop
as a residential subdivision or as an ACLF (Assisted Congregated Living Facility) both of which are
permitted uses under the requested zoning classification and adopted comprehensive plan. It should
also be noted that the owners of the western adjacent parcel are in the process of requesting annexation
into the City's corporate limits.
a. Annexation Ordinance
b. Rezoning Ordinance
c. Annexation Agreement (NOT A PUBLIC REARING)
9. Ocoee Town Shops — Small Scale Comprehensive Plan Amendment Ordinance.
(Advertised in the Orlando Sentinel on Thursday, October 7, 2010). (Principal Planner Fabre)
On December 1, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale
Comprehensive Plan Amendment for Ocoee Town Shoppes (the "Previous Amendment "). At the time
of approval of the Previous Amendment, the City was prohibited from adopting comprehensive plan
amendments because it had not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to
the Florida Department of Community Affairs ( "DCA "). Accordingly, the Previous Amendment
provided for a deferred adoption date related to the City's adoption of its EAR, its submission of the
EAR to DCA and its receipt of an initial determination of sufficiency from DCA.
On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of
its EAR to DCA. Based on the Previous Amendment ordinance, the adoption date could be after the
November 2nd election. If Amendment No. 4 passes, the effect on the comprehensive plan
amendment is uncertain. Since comprehensive plan amendments may be adopted at such time as the
EAR has been transmitted to DCA, City Staff recommends that the City Commission pass an
ordinance amending the Previous Amendment in order to provide for an adoption date 10 days after
passage of this ordinance. This will allow the Comprehensive Plan Amendment to be sent to the DCA
prior to the November 2n election.
10. Shoppes at the Village — Small Scale Comprehensive Plan Amendment
Ordinance. (Advertised in the Orlando Sentinel on Thursday, October 7, 2010). (Principal
Planner Fabre)
On December 15, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale
Comprehensive Plan Amendment for Shoppes at the Village (the "Previous Amendment "). At the
time of approval of the Previous Amendment, the City was prohibited from adopting comprehensive
plan amendments because it had not yet submitted its required Evaluation and Appraisal Report
( "EAR ") to the Florida Department of Community Affairs ( "DCA "). Accordingly, the Previous
Amendment provided for a deferred adoption date related to the City's adoption of its EAR, its
submission of the EAR to DCA and its receipt of an initial determination of sufficiency from DCA.
On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of
its EAR to DCA. Based on the Previous Amendment ordinance, the adoption date could be after the
November 2nd election. If Amendment No. 4 passes, the effect on the comprehensive plan
amendment is uncertain. Since comprehensive plan amendments may be adopted at such time as the
EAR has been transmitted to DCA, City Staff recommends that the City Commission pass an
ordinance amending the Previous Amendment in order to provide for an adoption date 10 days after
passage of this ordinance. This will allow the Comprehensive Plan Amendment to be sent to the DCA
prior to the November 2nd election.
11. 16 Joint Planning Area Amendment - Large Scale Comprehensive Plan
Amendment Second Reading of Ordinance. (Advertised in the Orlando Sentinel Orange
Extra and West Orange Times on Thursday, October 7, 2010). (Assistant City Manager
Shadrix)
i amendment to the Comprehensive Plan in order to (i) incorporate b
The City has initiated this am p () rp by
reference the Sixteenth JPA Amendment; (ii) provide for the revision of the Future Land Use Map
(Figure 2) and the Existing Land Use Map (Figure 1) to conform to the Joint Planning Area Land Use
Map as modified by the Sixteenth JPA Amendment; and (iii) provide for the revision of the Existing
Land Use Map (Figure 1) to conform to the Orange County Comprehensive Policy Plan Future Land
Use Map as modified by the County Comprehensive Plan Amendment.
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City Commission Regular
October 19, 2010
The Sixteenth (16th) Amendment to the City of Ocoee - Orange County Joint Planning Area Agreement
(JPA) amended the boundary to include the area located north of Palm Drive, east of East Crown Point
Road and west of SR 429 aka "East Crown Point High Tech Industry PUD" and establish a JPA Future
Land Use map designation for all parcels as "Light Industrial."
12. Past Joint Planning Area Amendments and Future Land Use Map Clean-up -
Large Scale Comprehensive Plan Amendment— Second Reading of Ordinance.
(Advertised in the Orlando Sentinel Orange Extra and West Orange Times on Thursday, October 7,
2010). (Assistant City Manager Shadrix)
The City proposes to update Figure 1 (Existing Land Use Map) and Figure 2 (Future Land Use Map)
of the Future Land Use Element of the Ocoee Comprehensive Plan to reflect annexations and
comprehensive plan amendments adopted since the adoption of CPA - 2001 -1 -1; and to (i) incorporate
by reference the Fifth through the Fifteenth Joint Planning Area Agreement Amendments; (ii) amend
Subsection I of the Future Land Use Element in order to reflect the Fifth through the Sixteenth Joint
Planning Area Agreement Amendments; (iii) amend the Future Land Use Map (Figure 2) to conform
to the Joint Planning Area Agreement, as amended, and to reflect small scale comprehensive plan
amendments and annexations since the last update to Figure 2; and (iv) amend the Existing Land Use
Map (Figure 1) to conform to the Joint Planning Area Agreement, as amended and to reflect small
scale comprehensive plan amendments and annexations since the last update to Figure 1.
13. Text Amendment - Large Scale Comprehensive Plan Amendment — Second
Reading of Ordinance. (Advertised in the Orlando Sentinel and West Orange Times on
Thursday, October 7, 2010). (Assistant City Manager Shadrix)
The City has initiated this amendment to the Comprehensive in order to (i) amend the definition of
floodplains in order to allow an alternative basis for determining the location of 100 -year flood plains
for the purposes of implementing the requirements of the Ocoee Comprehensive Plan, (ii) amend
Objective 3 of the Section IV of the Conservation Element in order to conform to the amended
definition of floodplains, and (iii) amend the Public Participation Procedures Element regarding
procedures for noticing and conducting public hearings on comprehensive plan amendments.
H. REGULAR AGENDA
14. Approval of Request for Reduction of Fine/Lien of $459,200 — Douglas Pridgen,
509 Nicole Blvd. (Deputy Fire Chief Stanley)
This property was cited on November 5,1997, for a violation of ordinance 165 -3 and 165 -4 A, B
(1)(a)(b), (2) C and D by former Officer Thea Cronnan, regarding a gray truck in the front yard with
expired license tag and the appearance of being inoperable. The violation was re- inspected on
December 8, 1997 and observed non - compliant. A statement of violations and notice of hearing for
the January 1998 Code Board meeting was sent out certified delivery on December 9, 1997. On
December 30, 1997, Police Officer G. Edwards hand delivered the notice of hearing to Mr. Douglas
Pridgen. At the January 27, 1998, meeting of the Code Board a compliance order was issued requiring
compliance by February 3, 1998 or forfeit $100.00 per day. On February 4, 1998 the violation was re-
inspected and found non compliant with an affidavit of non compliance signed on February 10, 1998.
On February 24, 1998, an order imposing fine and lien was issued by the Code Board and officially
recorded on Orange County records February 27, 1998. At the September 28, 2010, Code Board
Meeting the case was re- opened at request of Mr. Douglas Pridgen to request a reduction of fine /lien.
During testimony Douglas Pridgen presented the Code Board with paper evidence and a photograph
demonstrating state issued registration and license tags for what appeared to be the vehicle in question.
The Code Enforcement Board is recommending the fine /lien be reduced to $4,500.00 due to the act the
respondent was unable to provide documentation regarding registration and license tags for a period of
one year and three months after initial code enforcement action.
15. Approval of Request for Reduction of Fine/Lien of $17,250 — Russell V. Harper,
c/o Denver R. Harper Estate, 19 Cedar Key Court. (Deputy Fire Chief Stanley)
This property was cited on July 31, 2007, for a violation of Minimum Housing violations by Officer
Delgado and one of the requirements was for a permit to bring the Electric service up to code.
Replacing switches, GFI's, to bring existing electrical to minimum requirements. The code violation
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City Commission Regular
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was for failure to obtain fmal inspection for the electrical permit # 0701969 issued on November 13,
2007. On August 28, 2007, the Code Enforcement Board issued an order to comply by September 11,
2007, or be fined $50.00 per day. Russell V. Harper, Grandson and, c/o Denver R. Harper Estate, is
requesting a reduction of fine /lien of $17,250.00. Denver Harper passed away and Russell V. Harper
(grandson) is maintaining the properties and bringing them into compliance with the City, the property
was observed to be in full compliance on August 21, 2008.
The Code Enforcement Board is recommending the fine/lien be reduced to $1,725.00. The discussion
by the board was to reduce the amount; due to the Russell V. Harper stated he was not aware of any
pending code violations and would keep all of the properties Denver R. Harper owns in compliance
with the City.
I. STAFF ACTION ITEMS
J. 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.
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