4-21-09 Agenda

OCOEE CITY COMMISSION
Oeoee Commission Chambers
150 North Lakeshore Drive
Oeoee
April
Florida
AGENDA
21 2009
7 15 P M
I
REGULAR CITY COMMISSION MEETING
A
CALL TO ORDER
Invocation
Pledge
of Allegiance
I
Roll Call and Determination of Quorum
B
PRESENTATIONS AND PROCLAMATIONS
Proclamation
Presentation
Department
Presentation
Arbor
Tree
Day
City
April
USA
24 2009
Mayor Vandergrift
Dana Sussman
Orange County
Forester
Florida
of Agriculture Division of Forestry
Promotion of
Yancy
Cleveland from Lieutenant to Battalion Chief
Fire Chief Firstner
Presentation to Jim and Rose Morton
Special
Ambassador to
Mayor
Mayor
Vandergrift
I
Co COMMENTS FROM CITIZENS PUBLIC
I
D
I
E COMMISSIONERS ANNOUNCEMENTS
I
F
STAFF REPORTS AND AGENDA REVIEW
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE
THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS
ONE MOTION
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
ACTED UPON BY
CONSIDERED SEPARATELY
1
2
Approval and Acceptance of the Regular City Commission Minutes of April 7
2009
City Clerk Eikenberry
City Clerk
Reappointment to the Human Relations Diversity Board HRDB
Eikenberry
September 16 2003 Resolution No 2003 21 was adopted creating the Human Relations and
The
Diversity Board requiring no less than seven 7 members and no more than fifteen 15
to
11
the
50
Resolution was then amended by Resolution 2004
which changed
quorum requirement
plus 1 The two year terms of Berwyn Oltman and William Maxwell will expire in May Both of
these members have indicated they are willing to serve another term if reappointed
On
City Commission Regular
April 21 2009
3
Reappointment
Ordinance No
appeals
516
Colburn ends
May
regular
5
2009
created the Board of
1970
hear and recommend
to
This Board consists of five 5
time there are five
4
15
September
on
for administrative review
ordinances
City Clerk Eikenberry
to the Board of Adjustment Board
regular
members and
one
1
Adjustment
the City
members and two 2
alternate member
Mr Colburn has indicated he is
to hear and decide
Commission variances
to
willing to
serve
to
alternate members
zoning
At this
The three year term of Bob
another term if reappointed
Grant
Program Category
Approval of Edward Byrne Memorial Competitive
Police Chief Brown
Civilian
Staff
in
Law
Enforcement
Hiring
IV
police department is requesting permission to apply for two civilian positions through the Edward
Law Enforcement
Byrne Memorial Competitive Grant Program Category IV Hiring Civilian Staff in
The department will utilize the grant s
The grant award is for a period not to exceed 24 months
Category IV to create two new civilian positions that would allow sworn police officers to be more
The
available
5
on
the streets
to
prevent crime
of Fifth Amendment to Ground Lease
Approval
Golf Course
Agreement
with Forest Lake
Utilities Director Smith
LLP
City entered into a Ground Lease Agreement December 3 1991 with Forest Lake Golf Club
which provided terms for Forest Lake to operate the golf facility over the City ofOcoee s wastewater
four times
This
facility s effluent water disposal The agreement has previously been revised
a minimum
establishes
flow
of450
000
to
the
lease
gallons
per
amendment
daily
ground
agreement
committed
to
the
had
for
and
the
to
terms
of
the
City
convey
golf
provided
day Original
agreement
course the maximum FDEP permitted flows The agreement also increases the allotments of rounds of
golf from 50 to 60
The
6
of City of Ocoee
Approval
Settlement
Agreement
Request for approval
Parcel 106
settlement
7
Assistant
Maguire
was reached
This
case
is
Road Phase V
subject to
an
agreement in
project
commission
of
Parcel 106
Groundtek Mediated
Solik
case
of City of Ocoee
was
v
Lakendon
et
aI
the ROW necessary to
mediated on March 27 2009 and a
eminent domain action to
Change Order No
Relocation Project and Authorize
Order
City Engineer Wheeler
Approval
City Attorney
of mediated settlement
Groundtek
construct the
Lakendon et al Parcel 106
v
acquire
approval
2 for the Lift Station 7 and Force Main
the Funds
Required
to Implement the
Change
Engineering Department has proposed a change order to implement the project modifications
cooperation with the Utilities Department Both involved City departments have reviewed
the proposed prices for new bid items and believe them to be reasonable and comparable other prices
were established in the contract bid or previous change order
The
identified in
8
Approval
of Wesmere Pavement Restoration
of 2008
of the
sanitation trucks
Public Works Director
experienced
City responded
a
hydraulic system
Krug
failure while
City
and treated the affected areas to
collecting trash in the Wesmere subdivision The
At locations where the truck
mitigate the spilled hydraulic fluid which occurred over several streets
to
deteriorate especially at the location where the
stopped enough fluid collected to cause the asphalt
The City solicited pricing from asphalt
driver stopped the truck when the leak was discovered
involves
contractors to repair the damaged locations The repair
milling the damaged areas and paving
a
28 975 00 to complete the repairs
bidder
of
with hot mix asphalt The responsive
provided price
Wesmere
Homeowners
Association
is
in
the
of
The
process
resurfacing many ofthe streets affected by
recommends
the
Commission
issue a payment directly to the
fluid
The
Staff
the hydraulic
City
Wesmere HOA for the cost of the repairs with the payment to be used strictly for resurfacing the
damaged areas
In June
one
s
Page
2 of 5
City Commission Regular
April
21 2009
9
Approval
of Sanitation Service Software
Public Works Director
Krug
The Public Works Team
continually strives to improve the Department s operations and reduce costs
To this end we are proposing to implement the Pinpoint Public Works PPW software
system in
Ocoee PPW is a remote data collection system based on mobile PDA devices utilizing touch screens
and GPS to mark timestamp categorize and document a location of an item needing to be addressed
The Sanitation Team proposes using PPW to mark the locations ofitems that require collection by the
claw truck and print the locations to form a route for collection the following day This will eliminate
the need for the claw truck to canvas the entire City looking for piles to pick up This system will
provide a proactive method for reporting and addressing damagedmissing carts pot holes and
damaged signs through the simple touch screen entries by the sanitation drivers PPW also provides
the GPS reporting
documentation required for disaster reimbursement and stormwater inspections
10
Approval
of Interlocal
Agreement with Orange County School Board Regarding
Development Services Director Shadrix
Collection of Impact Fees
The School
Impact
Fee Ordinance
automatic increase each year on the
automatic increase resulted in a 5
since that time
The
new
school
increase in the current
impact
on
January
rates
fees that became effective
28
2008
provided for an
January 28 2009 this
which the City has been assessing
on January 28th are as follows
ofits effective date
Effective
12 420
Single Family Detached
Multifamily
6 979
6 661
Mobile Home
In addition
which became effective
annivcrsary
I
impact fecs the Florida Impact Fee Act Section 163 31801 3 c F S
requires that the administrative charges for the collection of impact fees be limited to actual costs
Based on these new provisions implemented in the Act Cities in Orange County who collect school
impact fees were required to assess their collection costs to insure that administrative fees reflect the
actual collection costs in place of the 3
charge that was previously applied Orange County Public
Schools recommended that the City develop an administrative fee that was transaction based which
amounts to a charge for each impact fee collected by the City rather than a straight 3
charge as was
previously done After consideration and study with the City s Finance Department the City decided
to implement the recommended
102 00 transaction fee and has been assessing this fee concurrent
with the implementation ofthe new school impact fee
G
to
the increase in
PUBLIC HEARINGS
SECOND READING OF ORDINANCES
11
Approval
Code
of
of Ordinance
Repealing
Ordinances
Entitled
Advertised in the Orlando Sentinel
Recreation Director
and
Restating Chapter
Parks
and
Legal Classified
on
15 of the
City of Ocoee
Advisory Board
Recreation
Sunday April
12
2009
Parks and
Hayes
In the last year the Parks and Recreation
Advisory Board frequently had difficulty achieving a quorum
and
have
therefore
had
to cancel many of their meetings
membership
During a discussion of
the City Commission direction was given to staff to look into the membership and quorum issues and
to restructure the
membership of the Board to include wherever possible that members be selected
of the
from the
following organizations
Bulldog Pop Warner Football and
12
Approval
of Ordinance for
Ocoee Little
League
West
Senior Citizens
Orange
Ocoee Youth Soccer
Hopper Property
League
OYSL
Advertised in the Orlando Sentinel
Ocoee
Legal
Classified on Thursday April 9 2009 and April 16 2009 Principal Planner Rumer
The proposed Annexation and Initial zoning ofthe Hopper property was reviewed at a Public Hearing
by the Planning and Zoning Commission on March 10 2009 The Planning
Zoning Commission
voted unanimously to recommend approval of the Annexation and Rezoning ofthe
1 24 acre parcel
ofland known as the Hopper Propcrty located at 240 E Silver Star Drive
a
Annexation Ordinance
b
Rezoning
Ordinance
Page
3 of5
City Commission Regular
April 21 2009
13
Approval
of Ordinance for Silver
Ridge Crossing
Advertised in the Orlando Sentinel
Legal Classified on Thursday April 9 2009 Principal Planner Fabre
The Silver Ridge Crossing property is located on the northeast corner of Silver Star Road and
Ridgefield Avenue The subject site is approximately 17 acres in size and is currently undeveloped
vacant and
The
sparsely covered with a mixture of Golden Raintree Palms and Oaks
ApplicantOwner requests a Planned Unit Development PUD zoning in order to create a mixed use
commercial development Therefore the applicant owner has submitted a Land Use Plan for the PUD
rezoning and a Small Scale Site Plan for construction of a 13 515 square feet commercial building
a
b
14
Rezoning Ordinance
Development Agreement
Approval
a
Public
Hearing
of Ordinance for Fountains West
Ordinance
Principal
not
Advertised in the Orlando Sentinel
PUD Land Use Plan Amendment
Legal Classified
on
Thursday April
9 2009
Planner Fabre
The Fountains West PUD
was
originally approved by
the
City
Commission
on
December 19 2006
The PUD encompasses approximately 43 acres in size and is generally located on the northeast corner
of the intersection of West Road and Ocoee Apopka Road The Fountains West PUD subdivision
consists of eight lots of which Lot 6 is the
date
I
Lot 2
H
lots 1
SunTrust Bank
approximately
and 3
recently constructed Publix Shopping Center As of this
Fifth Third Bank are in the process of completing construction
1 14 acres in size
currently
remains
undeveloped
REGULAR AGENDA
15
Approval
of
Development
Services Software
System
Development
Services
Director Shadrix
In 2007 the
approved budget for purchase ofsoftware for the Building Division that
provide for a more efficient up to date customer service protocol
and tracking system The Development Services Department in its evaluation of proprietary software
options learned of low cost innovative software being developed for local governments by the
University ofCentral Florida Due to high costs associated with providing necessary functionality for a
system that manages building permitting development review planning and zoning business tax
certification and all other development services this option is an excellent choice
There are
numerous advantages to hiring the university for this work The software platform has already been
evaluated by the City s Information Technology Division and determined to be 100
compatible
City
Commission
would streamline work efforts and
16
Appointments
to the Code Enforcement Board
The Code Enforcement Board
created
City Clerk Eikenberry
by Ordinance No 741 on June 16 1981 The purpose of
this board is to review infractions ofthe City technical Codes negotiate compliance and impose fines
for failure to comply The Code Enforcement Board is to have seven 7 regular mernbers and two 2
alternate members all with three year terms There are two applications currently on file
Member Ballard has currently resigned from the board as of March 24 2009 which leaves a vacant
regular member position There are two alternate member positions also currently open Applications
have been received by two former Code Enforcement Board members who had previously resigned for
personal reasons but are now able to commit themselves back to the board James Morton and Michael
Hopper have both indicated an interest on being appointed to the Code Enforcement Board for terms
ending June 2012
was
Page
4 of5
City Commission Regular
April 21 2009
17
Request
for Reduction of Fine and Release of Lien for Code Enforcement Board
Case No 96 121 Alicia Rocna
Building
On October 9 1996 Code Enforcement Officer
Official
Randy Conyers
Washington
observed violations of city code
on
the
property located at 110 Coquina Key Drive Ocoee Florida The violations observed constituted a
failure to have a minimum housing re inspection as notified A notice ofcode violation was sent to the
owner Alicia Rocna on November 6 1996 Are inspection ofthe property on November 18
revealed
1996
the property remained in non compliance A Notice of Hearing was sent to the property
owner Alicia Rocna
to appear at the Code Enforcement Board Meeting on November 26 1996 A
property
Compliance
6 1996
to
Order
was
comply
or
The property
was
re
issued
by
the Code Enforcement Board
giving the Respondent
until December
fine of 250 00 pcr day until the property was brought into compliance
pay
inspected on Octobcr 17 2005 and found in non compliance A second re
a
inspection on December 6 2005 revealcd thc property had been brought into compliance An order
imposing Fine and Lien was ordered at thc Code Enforcement Board Meeting on January 28 1997
The fine accrued daily until the property was dcemed in compliance on December 6 2005 The total
amount ofthe fine is
2 153
49
755
A Request ofReduction of Fine was presented at the March 24
2009 Code Enforcement Board Meeting Thc Code Enforcement Board recommended a reduction of
fines to 250 00 if paid within 30 days of commission approval and based on an estimated cost
encumbered by the City
18 Discussion
on
Charter Review Commission
On December 2 2008 this report was
review of this report was delayed until
presented
an
to
Report
City
the Commission
Attorney General Opinion
Clerk Eikenberry
At the request of the Mayor
could be sought with respect to
Section C 20 Duties ofthe Mayor That Opinion was received and it has been requested that
ofthe Charter Review Commission be placed back on the agenda for consideration
I
I
I
Report
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
MEETING
Page
5 of5
407
905 3105
48 HOURS IN ADVANCE OF THE