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HomeMy WebLinkAbout03-06-07 Minutes MINUTES OCOEE CITY COMMISSION March 6,2007, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Anderson gave the Invocation and Commissioner Hood led the Pledge of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller (absent), and Commissioner Johnson. Also Present: City Manager Frank, City Attorney Rosenthal, City Clerk Eikenberry I B. PRESENTATIONS AND PROCLAMATIONS BPO Elks, Bob Warren - Police Officer of the Year Award (Mayor Vandergrift) Mike Jernigan, of the Winter Garden Elks Lodge presented the Police Office of the Year Award to Ken Fisher. I C. COMMENTS FROM CITIZENS/PUBLIC none I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood - none Commissioner Anderson - none Commissioner Johnson - none Mayor Vandergrift I) read an email from the Morton family of Minnesota, thanking the City for including them in the Volunteer Appreciation Dinner while visiting his brother in Ocoee, 2) said tomorrow morning the Ocoee Middle School will be recognized as the "Cool School" of the week by Fox 35 news. I E. CONSENT AGENDA Approved on Consent. Motion carried 4-0. with Commissioner Keller absent. Members of the Ocoee School Advisory Board serve two-year terms. Currently the Ocoee School Advisory Board has eight (8) members and their resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Mr. Robert Hederman with interest in serving on the board. Approved on Consent. Motion carried 4-0. with Commissioner Keller absent. City Commission Regular March 6, 2007 Members of the Community Merit Awards Review Board serve two-year terms. Member Max Jacobs has indicated that he will be unable to serve another term. Therefore, the Community Merit Awards Review Board currently has four (4) members. Their Resolution allows for no more than five (5) members. One application was received from Kristine Bauske with an interest in serving on the board. Approved on Consent. Motion carried 4-0. with Commissioner Keller absent. Both Admiral Pointe and Sleepy Harbor successfully completed their MVP neighborhood improvement projects. However, they did not submit their Final Reports to meet the September 29,2006 deadline. Therefore, the MVP grant monies that were awarded in the 2005-06 budget, are no longer available in this year's 2006-07 budget. Staff respectfully requests that the Mayor and City Commission approve reimbursing $5,000 to Admiral Pointe and Sleepy Harbor using monies from the contingency fund. Approved on Consent. Motion carried 4-0, with Commissioner Keller absent. The City needs to purchase additional software to support the expansion of its Geographic Information Systems (GIS). To maintain compatibility with the Orange County Property Appraiser's office and the City's existing GIS, we must purchase GIS software made by Environmental Systems Research Institute, Inc (ESRI). A total of $34,000 was budgeted for this fiscal year for such software and quotes were received from six vendors. Approved on Consent. Motion carried 4-0, with Commissioner Keller absent. A traffic enforcement agreement is required by Florida State Statutes 316.006(2) for the Ocoee Police Department to have authority to enforce traffic laws upon the private roads within the limits of the gated subdivisions. Bordeaux Condominium Association is requesting such an agreement. Approved on Consent. Motion carried 4-0, with Commissioner Keller absent. The Ocoee Fire Department has donated surplus fire fighting equipment to the Tri-County Volunteer Fire Department in the past so that the equipment will continue to be used for public safety purposes. The equipment has little or no use by the public, but still serves an essential function for a fire/rescue agency. The Ocoee Fire Department has replaced the fire hose on all apparatus and has a surplus of hose that will no longer be used by the department. The hose is still serviceable and can be used for firefighting purposes. The equipment in question is; 22 lengths of 1 % inch, 64 sections of 3 inch, and 15 lengths of 4 inch hose. The Tri- County Volunteer Fire Department has expressed an interest in acquiring the hose ifit becomes available. Approved on Consent. Motion carried 4-0, with Commissioner Keller absent. The City of Ocoee has implemented a program to promote the conservation of the community's water resources. The program, Protect Ocoee Water Resources, or referred to as the POWR program, has met that objective by providing public education, training seminars, consultation with homeowners, and the creation of a park area demonstrating the selective use ofplantings to assure water conservation. To further the goals of the POWR program, the City of Ocoee's staff is recommending the establishment of a relationship with Ocoee High School by providing to the Ocoee High School's Agricultural Department a grant an annual amount of $4,005. In return for this grant, the Ocoee High School's Agricultural Department shall provide assistance to the POWR program by helping at public education events and seminars, and to provide assistance in the maintenance and development of the POWR Park. Page 2 of8 City Commission Regular March 6, 2007 Approved on Consent. Motion carried 4-0, with Commissioner Keller absent. Commissioner Hood. seconded bv Commissioner Johnson. moved to approve Consent Aaenda Items 1-8 as presented bv staff. Motion carried 4-0, with Commissioner Keller absent. I F. PUBLIC HEARINGS - None 1 G. REGULAR AGENDA The City of Ocoee's Utilities Department has programmed this fiscal year a new Utilities Administrative Office Building and assoeiated improvement. To complete the design of the building the professional services of an architect is required. Per State of Florida CCNA Act Statute 287.055, staff has sought professional qualification from interested firms, has ranked the firms and is reeommending the selection of KZF Design, LLC as the top firm. The ranking previously brought to the City Commission for consideration was delayed until additional information could be provided. Utilities Director Smith introduced Joseph Martin, from KZF Design, LLC, to answer any questions regarding the architectural and engineering services being offered. Mr. Smith handed out a packet of photos of the building currently being used for the Utilities staff and showed some of the crowded and noisy conditions that exist there. Mayor Vandergrift asked if the 3000 square foot building is going to be enough to expand going into the future? Utilities Director Smith said that they looked at a 10 year projected growth model and this building will accommodate all of the personnel. He said the advantage is that this will take care of the existing office space and the new office space in one building. The only other thing he will need to budget for in the next few years will be a 1500 square foot addition to one of the water plants to give them an operational office. Commissioner Anderson said this has increased from a 1,000 square foot addition to the building, and now it is a 3,000 square foot building. Mr. Smith advised that before the funds from the sale of the California property, the plan was to expand the existing building, but now they are able to create a new larger all-in-one building. Commissioner Anderson asked why we don't use the modular buildings that Public Works formerly used. Mr. Smith advised it would be costly to move them and bring them up to Code, they would have a short life span, and they would create an eyesore next the to Jim Beech recreation center. Commissioner Anderson asked if the $550,000 shouldn't be put into additional reclaimed water lines in the City. Mr. Smith said that constructing this building will be paid through impact fees and the sale of the California property, and impact fees cannot be used to develop reclaimed water. Commissioner Johnson said a new building could be more focused on the 911 Homeland Security Issues and prevents us from piecemealing additions onto the existing building. The residents are most concerned about the water they drink every day, as opposed to reclaimed water. He added that the utilities employees have currently have terrible working conditions. Commissioner Hood asked the criteria of rating system that was used to score responses to the RFQ. Mr. Smith said he does not have the matrix with him, but they used factors such as local experience, team experience, past experience with the City on the Public Works buildings. Page 3 of8 City Commission Regular March 6, 2007 Commissioner Hood said we discussed this extensively at the budget meetings and don't need to argue it again, but wanted to be sure that we would stay within the budgeted amount. Mr. Smith said that we are doing some work in house and will work with the contractors to stay within the $567,000 budget, which will include Homeland Security issues and they will try to appropriate $20,000 to cover the security system in the new building. He said there may be shifts up or down in some areas, but they will work within that number. Commissioner Johnson, seconded by Commissioner Hood, moved to approve the award of RFQ #0701 Professional Architectural & Enaineerina Services for a New Utilities Administrative Office Buildina to KZF Desian. LLC. Commissioner Anderson noted that he is not in favor of constructing a new building when the public would be best suited by using the old Public Works mobile units; and he feels the money from the sale of the California property would be better spend toward reclaimed water, he is not in favor of using bond money for that purpose. He asked for clarification that impact fees cannot be used for reclaimed water. Mr. Smith said we collect sewer impact fees to pay for sewer capacity; we do not have a reclaimed impact fee. The sewer fees used at the plant to increase the capacity, is an eligible expense. Mayor Vandergrift stated that those modular units used for Public Works are trailers that are several years old and have outlived there usefulness. They would be an eyesore located next to the Beech Center. VOTE: Motion carried 3-1, with Commissioner Anderson opposed and Commissioner Keller absent. The proposed Ocoee Car Wash is located on the north side ofSR 50, approximately 300-feet west of Economic Court, adjacent to the Denny's restaurant. The property is currently vacant, zoned C-3 (General Commercial District), and is approximately 1.79 acres in size. The applicant has submitted a preliminary plan that proposes the construction of a car-wash faeility on the property, and details requests for three waivers from the requirements of the Land Development Code. Staff has encouraged the layout shown in the preliminary plan to enhance the streetscape along SR 50 and to help screen the car wash activities from the road. Community Development Director Wagner gave a presentation on the proposed car wash and described the three waivers that are being requested: The first waiver that is being requested is to Section 6.14 C.1 (a) (v) of the Land Development Code. This section of the Land Development Code requires buildings to be setback 50-feet from primary roads. The Land Development Code regards SR 50 as a primary road. The applicant has requested a waiver to this requirement to allow a setback of 25-feet from SR 50, instead of the required 50-feet. The applicant has requested this waiver to allow the parking and service areas to be constructed behind the building, which will assist in buffering them from visibility along SR 50. One of the four criteria to justify the City Commission to grant waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically sound and measurable. To justify the waiver request, the applicant has offered to design the building with upgraded architectural and landscape features beyond the requirements of the Land Development Code. The second and third waivers that are being requested are to Section 6.14 (C) (2) (g) of the Land Development Code. This section of the Land Development Code requires a minimum of a 25-foot wide buffer to be provided adjacent to wetlands. The western and eastern boundaries of the property are bounded by wetlands. Due to the compact nature of the site when the area of the buffers are factored in, the applicant has proposed to reduce this buffer to 14.5-feet in width along portions of the western side of Page 4 of8 City Commission Regular March 6, 2007 the property and to 10-feet in width along portions of the eastern side of the property to allow drive aisles to encroach into each of the 25-foot wetland buffers. Community Development Director Wagner stated that one of the four criteria that can be used as justification to allow the City Commission to grant waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically sound and measurable. To justify these waiver requests, the applicant has offered to grant drainage and maintenance easements in favor of the City of Ocoee over the wetland buffers, and to plant them with a variety of trees. Commissioner Johnson. seconded by Commissioner Hood moved to approve the Waiver Reauests for the Ocoee Car Wash, as recommended by staff. Commissioner Anderson asked if the 25' foot easements will be affected by the expansion of Highway 50? Community Development Director Wagner said they have checked with FDOT and this is not affected by the widening, there is currently an acceleration lane that will be turned into a deceleration lane going into this facility. Commissioner Anderson asked if this has full right and left egress. Community Development Director Wagner said that today it does, but in the future there will be a median separator in front of the facility, and the developer is aware of that. He added that when Highway 50 becomes a six lane highway the outside lanes are mainly used for turning, but there will be no turn lanes added to go into this facility. VOTE: Motion carried 4-0, with Commissioner Keller absent. I H. STAFF REPORTS City Manager Frank asked the attorney to explain the status of the Wekiva Study Area ordinance mandated by the Department of Community Affairs. City Attorney Rosenthal said that the City transmitted the Wekiva Ordinance to DCA, and got comments back from DCA, and earlier this year the commission adopted an amendment which we sent to DCA. Based on discussions with DCA, it appears they are going to find the ordinance not in compliance with the Wekiva Statute, primarily based on lack of open space within the City. Staff is continuing discussions with DCA, but before the next Commission meeting, we are likely to receive the notice of non-compliance. We are waiting to see how Orange County responds to the same concerns regarding open space; they have not adopted their ordinance at this time. We will probably try to match up what Orange County does. Mayor Vandergrift asked if retention ponds count as open space. Community Development Director Wagner said in order to consider retention ponds as open space; we must also adopt Best Management Practices (BMPs) for all of our stormwater systems which are fairly extensive. It involves a lot of roadside swales, micro-swales, grassed drainage ways, etc. We have agreed to adopt the BMPs for the few properties left that will fall under this ordinance in order to take advantage of the retention pond open space, but the 35% open space still does not include landscaped areas, yards, boulevard, etc.; it only includes natural open space. This would require property owner with only 15% green space to take approximately 20% more of their land out of production. Mr. Wagner said he is meeting with them tomorrow to try to get a reduction; Orlando received a reduction to 20%. He further stated that the positive side is that we have exempted out the CRA area, areas under 10 acres, properties that don't fall into the critical land Page 5 of8 City Commission Regular March 6, 2007 areas, etc., so a lot of our undeveloped land in the western area of town will not fall under these rules. He said there are about a dozen properties around the city this will apply to, but those people will be affected significantly. Community Development Director Wagner also said that Orange County has missed the deadline, and we do not feel we should be held to higher standards than those applied to the County so we are waiting to see what they submit. He said are no penalties for missed deadlines by Orange County, but once we submitted our ordinance, the clocks started ticking. If a city is found in non-compliance they can impose penalties, and one of those penalties could be to cut off comprehensive plan amendments; the worst case scenario would be that they cut off revenue sharing; it is unlikely they would do that because they want to work with us and get us into compliance. There was discussion regarding the golf course, the old gopher tortoise preserve, and wetlands and how they are not part of the required "open space." I I. COMMENTS FROM COMMISSIONERS Commissioner Hood 1) thanked Public Works for the reflectors on Adair Street, 2) said Ingram Road has become a drag strip around 2:00 p.m. and asked Chief Reffett to set something up to warn the high school kids they need to slow down, without giving them large tickets, 3) asked about keeping Ingram Road open and Engineer Wheeler advised that during the day, between 9:00 a.m. and 3:00 p.m., they will do single lane closures. The new road is at the same elevation as the old road so they can push traffic in that direction. He also said the contractors are doing their best to keep the roads open, even though the county permitted them to close it 4) said there will be a 900 residential site in Orange County across from McCormick Woods which will make Ingram Road fairly congested, 5) said the high school sports are still going on: girls softball, tennis, lacrosse, track, boys weightlifting, baseball, etc. Commissioner Anderson 1) reminder of daylight savings, spring forward, Saturday, 2) reminded everyone to vote in the municipal election on March 13, 2007, 3) said the boat races will be held on Starke Lake on March 16-18,4) announced the Safety Spring Fling on March 24, 2007, beginning at 10:00 a.m. Commissioner Johnson 1) said on the right side of Clarke Road, from White Road to Hwy 50, seven lights are out, 2) Economic Develoument; said he believes we need to have a workshop. Winter Garden is in three different magazines (Orlando Business Journal, Central Florida Business Section, the Town Crier) regarding their goals for 2.2 million in Commercial Development and 1 million in Class A office space. If we are not hiring an Economic Development Coordinator, we need to look at something to help Russ address issues of Commercial Development. We are getting behind and we don't want to raise taxes to the residents to do the things that we need to do when revenue from Commercial business could subsidize our police and fire personnel as well as other city projects. We have a perfect place with our Highway 50 corridor, but we have to find a way to bring in Commercial business to our city. Winter Garden has an Economic Development person and has hired NAI Realbest to do their marketing. He said we used to be way ahead of other cities in the area, but they are passing us by with their planning and development into the future. We need to get back into the game and bring in Commercial Development in this town because residential homes are not going to bring enough revenue into the City. Winter Garden is taking 11 developers around on a bus, and giving them lunch, and trying to entice Commercial development. We need to do that by starting to plan before budget time. Page 6 of8 City Commission Regular March 6, 2007 Commissioner Hood asked if this is something we could do at mid-year. City Manager Frank said we had proposed a CRA Manager in the budget and may have talked about a mid-year economic development. Discussion ensured about the history behind our economic development, Winter Garden using the Chamber of Commerce to work for him, being late at starting a eRA, and how much area will be available for annexation into Ocoee and surrounding cities. Commissioner Johnson said we do not know what is going to happen to our revenue when the state finishes passing new laws; we need to get a revenue stream from Commercial business in place. Commissioner Anderson said he hears from residents all the time about wanting more Commercial business, including restaurants. Weare the center of all roads in the state and we have the opportunity for economic growth. He stated that maybe we should reach out to the Chamber or develop our own Chamber to get things moving forward. Commissioner Johnson said the Chamber is a great function, but they are not responsible for Winter Garden's Economic Development. Winter Garden is working with the Chamber as part of their marketing strategy, but their economic development is coming from those they hired and from City policy. Consensus of the Commission, without obiection, is to hold a workshop on Economic Development for the future. 3) Commissioner Johnson said that we have not discussed supporting the Ocoee High School golf tournament as we have in the past. Commissioner Hood. seconded by Commissioner Johnson, moved to purchase a sponsorship for the Ocoee Hiah School Golf tournament, the same amount as last year. which was under $500, to be taken from the Commission Continaencv Fund. Motion carried 4-0, with Commissioner Keller absent. Commissioner Johnson advised Rosemary Wilsen that he will give her some contacts for volunteers for her event with regard to this contribution. Commissioner Hood, seconded by Commissioner Anderson. moved to purchase a foursome in the Bia Oranae Games Golf Tournament. the same amount as last year. which was under $500. to be taken from the Commission Continaency Fund. Motion carried 4-0. with Commissioner Keller absent. Commissioner Anderson asked if we can see the report from the person who is recording light pole outages. Chief Reffett said they are doing this on a monthly basis and calling them in to Progress Energy. They also posted a number on the internet and the web site to have residents report outages. Mayor Vandergrift reminded everyone 1) about the election on Tuesday, March 13,2007 and 2) that tomorrow morning, starting at 5:00 a.m. Ocoee Middle School will be recognized as the "Cool School" of the week by Fox 35 news. Page 7 of8 City Commission Regular March 6, 2007 I ADJOURNMENT The meeting adjourned at 8:42 p.m. Attest: APPROVED: City of Ocoee Page 8 of8