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HomeMy WebLinkAboutItem #01 Approval of Minutes MINUTES OCOEE CITY COMMISSION October 16,2007, at 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER 1+ en" 1 .--- Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Fire Department Chaplain Joshua Sauers 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, and Commissioner Johnson. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I B. PRESENTATIONS AND PROCLAMATIONS Presentation - The Ocoee Human Relations Diversity Board (HRDB) would like to present a check for $500 to the Ocoee High School Marching Band. HRDB Vice-Chair Dorcas Dillard presented a check to Ellen Smith of Ocoee High School Marching Band to help with their expenses in marching in the MLK Parade. Ms. Dillard also advised that the 2nd Annual Martin Luther King Jr. Parade will take place on January 21, 2007. HRDB Member Dabbs stated that on Saturday, November 3, 2007, there will be a remembrance ceremony for the unfortunate incident in 1920. It will be at the Ocoee Oaks Methodist Church, beginning at 11 :00 a.m. There will be a speaker and the Ocoee High School Chorus, and it will be a time of sharing. Presentation by Principal Armbruster to the City Commission. Mike Armbruster, Principal, Ocoee High School, thanked the City for all of the support that they have been given. He said he knows of no other school in the district that receives the support that the City of Ocoee gives to Ocoee High School. He stated that the grant money that was given to them will be disbursed to students through a grant program. Students will have to apply for the money and they will be required to give back to the City in the way of time and talent. One of the things they will do is be in the Founder's Day Parade and other parades. He added that this will alleviate the problem with having the kids come to the City to ask for money all the time. He passed out Ocoee Knights hats and umbrellas to the Commission and City Manager. Commissioner Johnson thanked Principal Armbruster and Bill Chambers for their dedicated service to the students of the City ofOcoee. He said the schools don't have the financial support that they used to so it is important that the City support them when we can. Principal Armbruster added that Bernie Hendrix, the Bandleader, was Teacher of the Year, s~lected from over 140 applicants. Commissioner Johnson said that Bill Chambers lives in Ocoee and has been involved in education and athletic programs in this area for many years. ,- City Commission Regular October 16, 2007 Proclamation - Orange County Family Week - October 27 through November 4, 2007 Victoria Laney accepted the proclamation and thanked the City for supporting Family Week. She presented the Mayor with a F AMIL Y plaque. She stated that information on the event could be found on the internet at www.weekofthefamilv.org. I C. COMMENTS FROM CITIZENS/PUBLIC R.P. Monacky, 1820 Prairie Lake Blvd., asked when the fireworks will be held for Founder's Day this year. Commissioner Johnson said it will be approximately 9:30 p.m., but the fireworks do not start until the last song is finished by the headline entertainer. He added that the entertainment starts at 3 :00 p.m. with Jim VanFleet and the Reign, then Heartland, then Darrell Worley, and then Blake Shelton with a 30 minute break between acts for set up. I D. COMMISSIONERS ANNOUNCEMENTS Commissioner Hood said the Parks and Recreation Department is putting on a Halloween Festival on Saturday, October 27, 2007, at the Beech Center. There will be prizes, costume contests and fun for all. Commissioner Johnson said the Founder's Day Golf Tournament was last Friday, 151 participants were there. City Engineer Wheeler added that we also had 50 hole sponsors, the weather was great, everyone who participated received prizes, and a good time was had by all. Commissioner Johnson said the Recreation Department also held the Founder's Day 5K walk on Saturday, which was a big success. He said the entertainment on Friday will begin at 7:00 pm with the Tremors (Big Horns) and a local group called Neil and the Real Deal. There will also be doggie shows and local events on the local stage. On Saturday, the entertainment starts at 3:00 p.m. with Jim Van Fleet and the Reign, Heartland, Darrell Worley, and Blake Shelton. Commissioner Keller said all High School bands will be performing at the Citrus Bowl on Saturday, November 3,2007. This is the equivalent for the FCAT for band members. He urged people to go out and watch the students perform. Mayor Vandergrift 1) said the West Orange Chambers is having their Mayors Luncheon on November 7, 2007, at Tanner Hall in Winter Garden at 11 :30 a.m. City Manager Frank said the City usually buys a table for eight. Commissioner Anderson, seconded bv Commissioner Johnson, moved to approve the purchase of a corporate table for the Mavor's Luncheon, in the amount of $248.00. Motion carried 5-0 2) Mayor Vandergrift said there was a meeting ofthe Orange County Commission on October 9, 2007, with an item from the Orange County School Board regarding the rezoning Evans High School to a Rural Settlement District. He said with the assistance of staff, residents, and volunteers, we called attention to the fact that a high school is not the best choice for a Rural Settlement District. The item has been delayed until a workshop is held in November, and it will come back before the County Commission on December 4, 2007. Page 2 of9 City Commission Regular October 16,2007 I E. CONSENT AGENDA Approved on Consent. motion carried 5-0. The Parks and Recreation Advisory Board was created by Ordinance No 908 on September 2, 1986. The purpose of the board is to make recommendations on issues concerning the city's parks and recreation facilities. The Parks and Recreation Advisory board currently has ten (10) members and the ordinance allows no more than thirteen (13) members, all with two (2) year terms. The two year terms of Joseph W. (Jay) Hembree, Robert M. McKey, and Rosemary Wilsen expired October 1, 2007. All three members have indicated their willingness to serve another term, if reappointed. In addition, Member Brad Campbell has announced that he will be resigning from the board after his term expired on October 1,2007, and member Lindsey Asay has indicated his desire to resign from the board effective September 17,2007. Approved on Consent. motion carried 5-0. Ocoee Police K-9 Milo is approximately nine years old and is nearing retirement. Milk Bone Dog Biscuits has donated $5000.00 to the Ocoee Police Department toward purchase of a replacement K-9. The police department also has approximately $2500.00 in a K-9 donation account and wishes to purchase a K-9 from Mid Florida Working Dog, a best source vendor, for $7,500.00. This item was moved up on the Agenda before Item #1 and heard separately. Police Chief Reffett said that Winn Dixie and Milk Bone have partnered over the years to donate over 700 police and service dogs across the country. Tomorrow they will present the Ocoee Police Department with a check for $5,000 toward the purchase of a K9 Police Dog. Elementary School students from Spring Lake Elementary, Ocoee Elementary, Citrus Elementary, and Thomebrooke Elementary participated in a dog naming contest. There will be a presentation tomorrow in the Winn Dixie Shopping Center, and the results of the dog naming contest will be announced. Sergeant Wagner recognized Todd Flynn from Delmonte Foods, who carry Milk Bone products, adding that Mr. Flynn is a resident of the City of Ocoee who was aware of this program and arranged for the grant to be given in this community; Steve Row, Winn Dixie Store Manager, who has been helping with the poster and dog naming contests, as well as displaying them in the store; and Hal Crawford, from Winn Dixie Corporate, who advised they are proud to be a part of this. Mayor Vandergrift added that Winn Dixie Stores optimize the spirit of volunteerism. Mavor Vanderarift. seconded bv Commissioner Hood. moved to accept the ~5000 arant donation and approve the additional funds of $2.500 to be taken from the donation account for the purchase of a K-9 from Mid Florida Workina Doa in the amount of $7.500. Motion carried 5-0. Page 3 of9 City Commission Regular October 16, 2007 __.1'Bm;iirt__tli~~~1.:,. This plat is for West 50 Commercial Subdivision for a 12.14 acre commercial development. The site will consist of 4 commercial lots. The site is located on the south side of State Road 50 between the 429 and the Turnpike. Approved on Consent. motion carried 5-0. Commissioner Anderson. seconded bv Commissioner Keller. moved to approve items #1. #2. and #4 on the Consent Aaenda. Item #3 was voted on separatelv. Motion carried 5-0. ORDINANCE FIRST READING The Ordinance providing for the PRR's has not been amended since 2005. The City Manager has requested the Human Resources Director complete the draft revisions of the PRR's. This revision of the PRR's is a comprehensive edit and includes some new provisions. Staff recommends the Commission repeal Ordinance 2005-017 as Amended and adopt the Personnel Rules and Regulations on fIrst reading. City Attorney Rosenthal read the title of the Ordinance. Human Resources Director Carnicella said that it is a comprehensive edit to the Personnel Rules and Regulations so he would be happy to meet with Commissioners individually to discuss any issues they had with it. He also advised that there is a correction to the edit on Page 26 and a handout was distributed on the dais to change that page. This correction will be incorporated into the PRRs before the next reading. Commissioner Anderson asked that the Employee Committee gets a copy of the changes. Mr. Carnicella advised it has been distributed to the Employee Committee and it will also be discussed in a meeting of the Personnel Board before the second reading. Mayor Vandergrift announced the second reading and Public Hearing will be on November 6, 2007, at the next regular Commission Meeting, at 7:15 p.m. or as soon thereafter as may be heard. I F. PUBLIC HEARINGS In 2005, several members of the City Commission brought to staffs attention concerns regarding fence and front yard parking problems in residential areas. Staff researched these issues and conducted an inventory of the Land Development Code and City Code of Ordinances to determine if future amendments were necessary to correct these problems. On August 16,2005, staff presented a summary offmdings to the City Commission for recommended action. That presentation related to canopy covered parking structures, boats, RVs, and campers parked in front yards, parked vehicles overhanging sidewalks in residential neighborhoods, parallel street parking in the grassed easement between the street and sidewalk, the placement of mechanical equipment on corner lots, front yard parking, conversions of garages to living space, and fences in front and side yards. Staff has drafted an ordinance proposing amendments to the Land Development Code and the Code of Ordinances per the direction of the City Commission regarding issues of concern in residential areas. On August 8, 2006, the Planning & Zoning Commission voted unanimously to recommend approval of the Page 4 of9 City Commission Regular October 16, 2007 proposed amendments to the Land Development Code and City Code of Ordinances. On September 5, 2006, the City Commission held a Public Hearing on the proposed amendments and tabled the issue until further discussion ensued. City Attorney Rosenthal read the title of the Ordinance. Community Development Director Wagner said that this presentation has been made on a few occasions but he is prepared to do it again if the Commission desires. He said Planning and Zoning recommendations have been incorporated into the ordinance. It was tabled at the last meeting, mainly due to issues with front yard parking. It was decided that Commissioners should call and discuss what their issues were and he received some input from Commissioner Anderson. Mr. Wagner added that he compared this ordinance with the one that Police Chief Reffett brought forward and there are no conflicts between them. Mayor Vandergrift opened the Public Hearing. R.P. Monacky, 1820 Prairie Lake Blvd., asked if the parking referred to in Item 15 refers to stopping the vehicle for garage sales. Community Development Director Wagner said this ordinance is geared toward habitual parking violators; we are not trying to enforce this on 12,000 residents. Mayor Vandergrift closed the Public Hearing. Mayor Vandergrift said he thinks the PowerPoint presentation should be done again at the next meeting. Commissioner Hood said he thinks we have looked at the presentation enough and to avoid redundancy any Commissioners who have questions about the ordinance should contact Community Development Director Wagner. I G. REGULAR AGENDA The Code Enforcement Board recommended the property owner's request for a reduction of fines to $1,000.00 if paid within 30 days of City Commission approval or it will revert back to $11,600.00. It is staffs recommendation to support the decision made by the Code Enforcement Board. Building Official Jones said that the Code Enforcement Board originally recommended the fines for $50 per day for overgrowth in the yard until the home was brought into compliance. The previous owner passed away, and the new owner was subject to a Minimum Housing Inspection on June 17,2007, and the home was found to be in compliance at that time. The new owners asked for a rehearing of the case, claiming that they were not aware of the lien when they purchased the property. The Code Enforcement Board reduced the Lien to $1000. Commissioner Johnson said the neighbors have had to put up with the unsightly appearance of this house for a year and he feels that the lien should stay on the house to be paid when the house is resold. A representative from Soamar, Inc. said they purchased the house, fixed the yard and painted the home, and the neighbors are happy with what they have done. Commissioner Johnson confirmed the home was bought at a good price for $85,000 because of the lien. The requestor said he had not been aware of the lien at the time of the purchase. Commissioner Anderson said we should have gotten our lien money at the time of the foreclosure. City Attorney Rosenthal said that is not necessarily so because the mortgage is Page 5 of9 City Commission Regular October 16,2007 ahead of the lien, so the lien may not have been an issue at the foreclosure. He added that apparently the title company missed the lien when they did the title search. Commissioner Anderson said he would be in favor of imposing a lien of $5,000 and helping the neighborhood by placing a road table on Wanda Ave., the lien would be payable within 30 days. Commissioner Anderson, seconded by Commissioner Johnson, moved to reduce the lien to $5,000, payable within 30 days, and to use some of the money to install a road table in the neiahborhood, location to be determined bY staff. Motion carried 5-0. City Manager Frank asked for clarification if Commission is asking us to move forward with placement of speed tables without the neighbor's consent, which is not consistent with our policy. Consensus of the commission was that staff should report back to the commission regarding the location of the speed tables and neighborhood input. City Attorney Rosenthal advised that Centex Homes has advised that they could not get approval for the additional $20,000; the response from the corporate office is that no money is available for the purpose of land acquisition. They said they understand they may have to lose the $210,000 deposit. City Attorney Rosenthal said the feasibility periods expired on September 28,2007. Following the expiration of the Feasibility Period the City has the right to terminate the contract, at which time Centex would forfeit the $210,000 and we get whatever work product they have done on the property. He said he does not know where they were with work product; the survey may have been stopped before it was completed. If you wish to terminate the contract, then that is the action you would need to take tonight; if no action is taken the agreement remains in effect. Commissioner Anderson said his concern is that if we open it back up for bid, Centex will be permitted to bid on the next RFP at a much lower rate. City Attorney Rosenthal said if they failed to enter into the contract pursuant to the terms of the Bid Award, they would be prohibited from bidding again, but that did not happen in this case because they paid their deposits and the contract gave them the ability to walk away during the Feasibility Period. Commissioner Anderson asked if they can try to get their money back. He added that the contract was very clear that the deposit was at risk, non-refundable and there has been no suggestion from them that they think they are entitled to get the deposit back. Commissioner Keller asked if we do nothing and the market turns around in six months, would they be obligated to stay at the current price. City Attorney Rosenthal said what they would do at that point is default and forfeit their deposit, they have already told us they are not going to enter into the contract as currently written. We discussed the option of extending the Feasibility Contract and trying to work with Centex to restructure the contract, but Commission expressed that they did not want to do that if they didn't pay the additional $20,000 in interest. Commissioner Anderson asked how many housing starts we have going on right now. Community Development Director Wagner said there have been about 50 in the last few months, mostly in McCormick Woods and Key Isles Apartments, which is well over 100 apartment units. We will probably finish the year at 250-300, which is about half of what we have been used to getting. He added that the Project Manager of Centex said they redesigned Page 6 of9 City Commission Re'gular October 16,2007 from 277 lots to 337 lots and they still can't make the numbers work out in the current market. He said they may be able to make it work at $8,000,000, but understands the City can't reduce it. Mr. Wagner said it may be best if we sit on it for a while and then take it back out to the market at a later time. Commissioner Johnson said he thinks the Commission needs to hold a workshop to see if we want to go another direction with this whole property. Commissioner Keller said he agrees we need to take a good look at this; it is not a good idea to take a huge hit on this just because the market is going through a bad time. He would much rather sit on it a while or consider other options such as a CommerciallProfessional complex. Commissioner Anderson asked what the interest is on the entire Crown Point property. City Manager Frank said approximately $250,000. Mayor Vandergrift said we are faced with what everyone else is facing, the time value of money. We can move forward rapidly and take a severe reduction, or look for other ways to develop the property that may buy some time and invigorate the property in some other way. It would be attractive property for professional offices. He is in favor of dropping this contract and having a workshop of where to go from here. Mayor Vanderarift. seconded by Commissioner Hood. moved to terminate the Purchase Aareement with Centex Homes based upon Centex Homes failure to make the third deposit under the contract by the due date set forth in the contract. and directed that a Notice of Termination be sent to Centex Homes. Motion carried 5-0. City Attorney Rosenthal said he will follow up with them and see what work product they have done, if their surveyor is 90% done it may be worth it for us to pay the additional money to have it completed. Mayor Vandergrift asked if it would help not to make this motion effective for thirty days to give them the opportunity to react if they know we are terminating the contract. Consensus of the Commission was not to do that because Centex is not going to move forward. Community Development Director Wagner said he went on an Economic Development Tour of West Orange County this morning with members of the County Economic Development Commission and there was some interest sparked on a possible use of the Coke Property. He does not want to discuss it publicly, but thinks the possibilities for this property are many. Consensus of the Commission to hold a workshop reaardina the Coke Property no sooner than November 2007. City Manager Frank said staff has been in discussions with the developer for a while regarding the impact fees applicable to the supermarket portion of this project. The original application for this project was submitted under the old impact fee ordinance and prior to the adoption of the supermarket category. The developers contributed significant value and right of way in cash payments for improvements on West Road Realignment and Ocoe LLC has been assisting the City in moving forward with the West Road Realignment Project. Staffs recommendation is to Page 7 of9 City Commission Regular October 16,2007 approve the agreement before you tonight. Mr. Cantor is here from Ocoe LLC if you have questions. Mayor Vanderarift, seconded by Commissioner Hood, moved to approve the Road Impact Fee and Settlement Aareement between the City of Ocoee and Ocoe LLC/Fountains West, per staff recommendations. Commissioner Anderson, seconded by Commissioner Keller, moved to amend to motion to include in Section 6 of the aareement that "in consideration of the foreaoina in the execution of a lease aareement between the developer and Publix Supermarket." Motion carried 5-0. City Attorney Rosenthal said the attached is not actually the final agreement, we need to work out some details, but it will be substantially consistent with what was before the Commission tonight. Vote taken on oriainal motion, as amended. Motion carried 5-0. I H. STAFF REPORTS City Manager Frank said that during the cost cutting measures in the budget they decided to cut videotaping throughout the year. We inadvertently cut out the taping of Founder's Day and he did not believe that was the wishes of the Commission. He said we should have some videotaping of this weekend and asked the commission to approve $3500 either from the Founder's Day account, or some from the contingency fund if we do not have enough in the Founder's Day Fund. Commissioner Anderson said this should be budgeted in the general fund. City Manager Frank said it will be done that way in the future. Commissioner Anderson, seconded by Commissioner Keller, approved the expenditure of $3500 to cover the video tapina of the Founder's Day event, either from the Founder's Dav account or some from continaencv, if needed. Motion carried 5-0. City Manager Frank asked Commission to let him know if they are attending the Mayor's Luncheon on November 7, 2007, at Tanner Hall. I I. COMMENTS FROM COMMISSIONERS Commissioner Keller had no comments. Commissioner Johnson asked all to come out and enjoy Founder's Day weekend to begin at 7 p.m. Friday evening. He announced that Rosemary Wilsen was looking for more volunteers over 16 years old for the arts tent on Saturday between 9 a.m. until 5 p.m. and gave her cell number. Page 80f9 ------------l City Commission Regular October 16, 2007 Commissioner Hood 1) recognized the City staff for the good work they did on Jamela; the paved parking at Russell Park; and the new playground equipment at Central Park. He gave kudos to the staff for all of their hard work. 2) Invited everyone to attend the football game Thursday night at WOHS at 7:30 p.m. Commissioner Anderson asked if they could look at the stop sign before the railroad track on Russell Drive. City Manager Frank thought they had addressed that before, but would check into it. Commissioner Hood stated that Ocoee spends a lot of money paving the roads and some people continue to be inconsiderate and drive heavy trucks on those roads and damage them. He thought it was common sense that you do not drive large vehicles on freshly paved streets and wished they would be more courteous to the City and staff. Mayor Vandergrift sent an email from the Mayor of Windermere regarding annexations and asked for details about that. City Manager Frank said he thought the situation was odd and would call the Mayor of Windermere for further explanation so that he could have a better understanding of the situation. Mayor Vandergrift said the Florida League of Mayors is asking them to join again and the cost is $663 and asked if any member of Commission was interested injoining; no one was interested. Consensus was that they would not be joining this year. Mayor Vandergrift reiterated the issue with the Orange County School Board and the proposed redistricting (Commissioner Announcements) and asked that everyone continue to stay appraised of what is happening. Commissioner Hood reported that contracts were awarded, even though it has not been approved. Commissioner Keller stated he visited Tallahassee to push the City school district and all seemed to be very receptive of the idea and thought the entire state could possibly go that route because it would help with the large school districts. He said the Senate Chair asked for more information from him, which he is working on sending. I ADJOURNMENT The meeting adjourned at 8:50 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 9 of9 MINUTES OCOEE CITY COMMISSION September 24, 2007 at 6:55 P.M. COMMISSION MEETING SPECIAL SESSION I A. CALL TO ORDER I Mayor Vandergrift called the special session to order at 6:55 p.m. in the Commission Chambers of City Hall. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood (absent), Commissioner Anderson, Mayor Vandergrift, Conimissioner Keller, and Commissioner Johnson. Also Present: Assistant City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry I A. CALL TO ORDER Police Chief Reffett summarized the need for the three police vehicles and said that the Fleet Maintenance Department examined vehicles available through the Longwood Police Department and found them to be in excellent condition. The insurance company has paid $23,990.89 for vehicles involved in crashes and an additional $30,509.11 will be taken from the Police Department Budget for a total cost of $54,500 for all three vehicles (Expedition $19,340; 2004 Crown Vic $18,800; 2006 Crown Vic $16,250). He added that the vehicles come complete with grill strobe lights, overhead lights, prisoner transport cages, hard plastic seats, rear window bars, and the stripe package, which would generally cost from $27,000 - $28,000, so we are getting them at a good price. Commissioner Anderson. seconded bv Commissioner Keller moved to approve the budaet transfer and the emeraencv purchase of three police vehicles at a cost totalina $54.500. Motion carried 4-0, with Commissioner Hood absent. The meeting was adjourned at 6:59 p.m. Attest: APPROVED: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor